Thursday, June 07, 2018

MAYORAL CANDIDATE BILL McCLURE THREATENS ILLEGAL SLAPP SUIT

St. Augustine Mayoral candidate WILLIAM ANTHONY McCLURE's criminal defense lawyer sent me a June 6, 2018 "cease and desist" e-mail, labelling my Open Records request to the Florida Attorney General "illegal demands," "actionable" and "harassing" and "misconduct." 

The AG's "ongoing" investigation covers "possible health care fraud, conspiracy to commit health care fraud, Medicaid provider fraud, grand theft, falsifying a death certificate and practicing medicine without a license." 

Threatening an illegal Strategic Lawsuit Against Public Participation (SLAPP)? 

That is still the "St. Johns County way."  

How gauche and louche. 

Irony: McCLURE's criminal defense lawyer CURTIS SCOTT FALGETTER's law firm's slogan is "Committed to Excellence in Protecting Your Rights."  See below.

Query: Does FALGETTER (Florida Bar No. Bar #213225) sound a bit like MICHAEL COHEN, DONALD JOHN TRUMP's threatening mouthpiece? 













-----Original Message-----
From: Curtis Fallgatter <CSF@fallgatterlaw.com>
To: Ed Slavin <easlavin@aol.com>; bill <bill@billmcclure.com>
Sent: Wed, Jun 6, 2018 4:24 pm
Subject: RE: Request No. 2018-155: Medi+M.D., Ex-Commissioner WILLIAM McCLURE & PAULA STOWALL Criminal Fraud Investigation

Mr. Slavin,
I consider your repeated and incessant emails, making illegal demands, to be form of harassment, and thus actionable.
Please cease and desist from your further misconduct.
PLEASE BE GUIDED ACCORDINGLY.
Curtis S. Fallgatter
Logo for e-mail signature block
Fallgatter & Catlin, P.A.
Committed to Excellence in Protecting Your Rights
200 East Forsyth Street
Jacksonville, Florida  32202
Telephone:  (904) 353-5800
Facsimile:    (904) 353-5801
For more information about Fallgatter & Catlin, please visit us at www.fallgatterlaw.com.

What an unctuous unscholarly ukase! 

 Harrumph! I responded to the skunk's mouthpiece





-----Original Message-----
From: Ed Slavin
To: CSF ; bill Sent: Wed, Jun 6, 2018 4:34 pm
Subject: Re: Request No. 2018-155: Medi+M.D., Ex-Commissioner WILLIAM McCLURE & PAULA STOWALL Criminal Fraud Investigation


Dear Mr. Fallgetter:
1. This is First Amendment protected activity about your client, WILLIAM ANTHONY McCLURE, who is running for Mayor of St. Augustine, Florida.

2. What legal authority could possibly support your 4:24 PM June 6, 2018 ukase?
3. Please explain it to me.
4. Mr. McClure, please answer my question.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998



-----Original Message-----
From: Ed Slavin
To: CSF ; bill
Cc: pat.gleason ; leslie.jacobs
Sent: Thu, Jun 7, 2018 8:07 am
Subject: Unlawful SLAPP suit threat by Ex-Commissioner WILLIAM McCLURE in re: Request No. 2018-155: Medi+M.D., Ex-Commissioner WILLIAM McCLURE & PAULA STOWALL Criminal Fraud Investigation

Gentlemen:

1. Will you two kindly answer my June 4, 2018 question to the two of your re: my Request No. 2018-155: "Will you agree to waive any privacy rights on this request and authorize release of all records on this case not protected by HIPPAA?"

2. In further response to your retaliating, threatening June 6, 2018 e-mail, please read F.S. 768.295, "Strategic Lawsuits Against Public Participation (SLAPP) prohibited.." 

3. Your in terrorem threats are, at best, facetious.  How gauche and louche, especially for a political candidate.

4. Please cease and desist from all further flummery,




The 2018 Florida Statutes

Title XLV
TORTS
Chapter 768 
NEGLIGENCE
View Entire Chapter
768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited.
(1) It is the intent of the Legislature to protect the right in Florida to exercise the rights of free speech in connection with public issues, and the rights to peacefully assemble, instruct representatives, and petition for redress of grievances before the various governmental entities of this state as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. It is the public policy of this state that a person or governmental entity not engage in SLAPP suits because such actions are inconsistent with the right of persons to exercise such constitutional rights of free speech in connection with public issues. Therefore, the Legislature finds and declares that prohibiting such lawsuits as herein described will preserve this fundamental state policy, preserve the constitutional rights of persons in Florida, and assure the continuation of representative government in this state. It is the intent of the Legislature that such lawsuits be expeditiously disposed of by the courts.
(2) As used in this section, the phrase or term:
(a) “Free speech in connection with public issues” means any written or oral statement that is protected under applicable law and is made before a governmental entity in connection with an issue under consideration or review by a governmental entity, or is made in or in connection with a play, movie, television program, radio broadcast, audiovisual work, book, magazine article, musical work, news report, or other similar work.
(b) “Governmental entity” or “government entity” means the state, including the executive, legislative, and the judicial branches of government and the independent establishments of the state, counties, municipalities, corporations primarily acting as instrumentalities of the state, counties, or municipalities, districts, authorities, boards, commissions, or any agencies thereof.
(3) A person or governmental entity in this state may not file or cause to be filed, through its employees or agents, any lawsuit, cause of action, claim, cross-claim, or counterclaim against another person or entity without merit and primarily because such person or entity has exercised the constitutional right of free speech in connection with a public issue, or right to peacefully assemble, to instruct representatives of government, or to petition for redress of grievances before the various governmental entities of this state, as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution.
(4) A person or entity sued by a governmental entity or another person in violation of this section has a right to an expeditious resolution of a claim that the suit is in violation of this section. A person or entity may move the court for an order dismissing the action or granting final judgment in favor of that person or entity. The person or entity may file a motion for summary judgment, together with supplemental affidavits, seeking a determination that the claimant’s or governmental entity’s lawsuit has been brought in violation of this section. The claimant or governmental entity shall thereafter file a response and any supplemental affidavits. As soon as practicable, the court shall set a hearing on the motion, which shall be held at the earliest possible time after the filing of the claimant’s or governmental entity’s response. The court may award, subject to the limitations in s. 768.28, the party sued by a governmental entity actual damages arising from a governmental entity’s violation of this section. The court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.
(5) In any case filed by a governmental entity which is found by a court to be in violation of this section, the governmental entity shall report such finding and provide a copy of the court’s order to the Attorney General no later than 30 days after such order is final. The Attorney General shall report any violation of this section by a governmental entity to the Cabinet, the President of the Senate, and the Speaker of the House of Representatives. A copy of such report shall be provided to the affected governmental entity.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998





I wrote the Florida Attorney General's office June 4, 2018 concerning St. Augustine Mayoral candidate WILLIAM McCLURE, ex-Commissioner, and an "ongoing" state and federal investigation of possible crimes by McCLURE and his mother, PAULA STOWELL, and their alleged Medicaid mill, Medi+M.D. 

The "ongoing" investigation covers "possible health care fraud, conspiracy to commit health care fraud, Medicaid provider fraud, grand theft, falsifying a death certificate and practicing medicine without a license." 

That's BILL McCLURE (above, second from left, with the goofy gooberish grin), on the occasion of the ribbon-cutting for the new fancy-bears St. Johns County Health Department (a/k/a "Gauze Mahal") building in 2016.  

St. Johns County purchased a large pair of $140 ceremonial scissors (center); they have apparently disappeared.  (My request No. 2016-94).




Sent: Mon, Jun 4, 2018 11:47 am
Subject: Request No. 2018-155: Medi+M.D., Ex-Commissioner WILLIAM McCLURE & PAULA STOWELL Criminal Fraud Investigation


Dear General Gleason and Ms. Jacobs:
I write to you today with an urgent request, in the public interest in open government:
1. Please send me the search warrant return and an index to the files on the "ongoing" investigation of Medi+M.D., St. Johns County ex-County Commissioner WILLIAM McCLURE, and his mother, PAULA STOWELL.  
2. Search warrants were reportedly executed October 9, 2014 at Medi+M.D. offices at 167 Palencia Village Drive and 600 South Plantation Island Drive in St. Johns County by state and federal investigators, concerning possible health care fraud, conspiracy to commit health care fraud, Medicaid provider fraud, grand theft, falsifying a death certificate and practicing medicine without a license.  
3. Please send me all correspondence with current and past criminal and civil defense counsel for McCLURE and STOWELL, including Mr. Curtis Fallgatter of Fallgatter and Catlin, P.A. of Jacksonville.  
4. Please include any letter(s), memos or agreements, including any agreement(s) to extend application statutes of limitations, or stating whether McCLURE and STOWELL are considered "subjects, targets or witnesses."
5. By copy of this e-mail, I request that WILLIAM McCLURE and PAULA STOWELL agree to waive any privacy rights and authorize release of all records on this case not protected by HIPPAA.
6. Last week, ex-Commissioner WILLIAM McCLURE announced his candidacy for Mayor of St. Augustine.  
7, Touting his "business experience," WILLIAM McCLURE is claiming that the "ongoing" investigation has "nothing to do with" his candidacy for Mayor (and that he sold his interest in Medi+M.D.  in 2015).  http://www.staugustine.com/news/20180601/former-county-commissioner-mcclure-enters-mayoral-contest
8. Please expedite your response; our primary election is on August 28, 2018.
Thank you.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


(typos corrected)

2 comments:

Anonymous said...

Same old Ed Slavin we knew and loved in Oak Ridge.

Anonymous said...

Huff and Puff. Sounds like the same old Ed Slavin we knew and loved in Oak Ridge.