FDLE Cameron Benson Investigation Report

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Florida Department of Law Enforcement MIAMI REGIONAL OPERATIONS CENTER INVESTIGATIVE SUMMARY By: Special Agent Claudia P. Mulvey Case No. MI-14-0122 INVESTIGATIVE PREDICATE Anonymous letters were received by the City Commission in Hollywood, Florida. The first letter alleged that City Manager Cameron Benson directed the police to purchase five generators during Hurricane Wilma in 2005 and have one or two of those generators delivered to former City Manager Cameron Benson’s parents, Mattie and Hayward Benson who did not have electricity at the time. According to the allegations, these generators were purchased with the former Chief of Police James Scarberry’s credit card and were never returned. There were other allegations that alleged that several Public Works employees accepted bribes. According to the letters, the individuals who accepted bribes are close and personal friends of former City Manager Cameron Benson. On May 18, 2011, The Florida Department of Law Enforcement opened a case related to the allegations solely on the generators. CASE NARRATIVE Numerous interviews were conducted relative the above mentioned allegation related to the generators. The following is a synopsis of the interviews that were taken during the course of the investigation: Hollywood Police Department, Chief of Police Chadwick Edward Wagner Note: The following information was provided by Police Chief Wagner regarding the above mentioned allegation; this allegation brought forth the initial complaint to the Florida Department of Law Enforcement. Chief of Police Wagner advised that on April 28, 2011, City Manager Cameron Benson told him that a reporter went to his father’s (Cameron Benson’s father) house and questioned his father regarding a generator that was purchased with city funds and was delivered to his father’s house after a hurricane. Chief Wagner clarified that the anonymous letters were not mentioned during this particular conversation. Chief Wagner said that he had a telephone conversation with City Manager Cameron Benson that same day. Chief Wagner stated that City Manager

Transcript of FDLE Cameron Benson Investigation Report

Page 1: FDLE Cameron Benson Investigation Report

Florida Department of Law Enforcement

MIAMI REGIONAL OPERATIONS CENTER

INVESTIGATIVE SUMMARY By: Special Agent Claudia P. Mulvey

Case No. MI-14-0122

INVESTIGATIVE PREDICATE Anonymous letters were received by the City Commission in Hollywood, Florida. The first letter alleged that City Manager Cameron Benson directed the police to purchase five generators during Hurricane Wilma in 2005 and have one or two of those generators delivered to former City Manager Cameron Benson’s parents, Mattie and Hayward Benson who did not have electricity at the time. According to the allegations, these generators were purchased with the former Chief of Police James Scarberry’s credit card and were never returned. There were other allegations that alleged that several Public Works employees accepted bribes. According to the letters, the individuals who accepted bribes are close and personal friends of former City Manager Cameron Benson. On May 18, 2011, The Florida Department of Law Enforcement opened a case related to the allegations solely on the generators.

CASE NARRATIVE

Numerous interviews were conducted relative the above mentioned allegation related to the generators. The following is a synopsis of the interviews that were taken during the course of the investigation:

• Hollywood Police Department, Chief of Police Chadwick Edward Wagner Note: The following information was provided by Police Chief Wagner regarding the above mentioned allegation; this allegation brought forth the initial complaint to the Florida Department of Law Enforcement. Chief of Police Wagner advised that on April 28, 2011, City Manager Cameron Benson told him that a reporter went to his father’s (Cameron Benson’s father) house and questioned his father regarding a generator that was purchased with city funds and was delivered to his father’s house after a hurricane.

Chief Wagner clarified that the anonymous letters were not mentioned during this particular conversation.

Chief Wagner said that he had a telephone conversation with City Manager Cameron Benson that same day. Chief Wagner stated that City Manager

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Benson advised him that he was tracking down the payment for the generator and also mentioned that he might be speaking with the media. Chief Wagner advised that he was unaware of the officer’s name at the time (referring to Officer Daniel Dunn). Chief Wagner reiterated that during these conversations, he wanted to maintain his objectivity because he was unsure whether this may lead to an investigation.

Chief Wagner stated that the next day (April 29, 2011) City Manager Cameron Benson spoke with the newspaper reporter in an effort to explain his side of the story.

Chief Wagner did not hear from City Manager Benson until the following Sunday morning (via cell phone). Chief Wagner advised that Benson had mentioned to him that he was contemplating hiring a private investigator and stated to him that he does not understand why this is happening to him. Chief Wagner explained that Benson told him that the generator company was out of business and at that point, Benson told him that he does not know who took the generator to his father’s house. Chief Wagner also recalls that during his conversation with the City Manager, the City Manager made an odd remark stating that he knows “what you guys are doing for others.” Chief Wagner was not sure what the city manager was referring to.

Chief Wagner said that Officer Daniel Dunn’s name came up during this conversation but cannot recall how his name came up and decided not to interview City Manager Cameron Benson. Chief Wagner intentionally wanted to be vague during this conversation because he was not sure whether this will lead to a criminal investigation. Chief Wagner described that the City Manager seemed “scared” at the time. Chief Wagner recalls talking about the issue again that Monday (May 2, 2011) during the Employee Recognition Week Ceremony. Chief Wagner advised that he took a listening position during the conversation with City Manager Benson. Chief Wagner recalls that during this conversation, the City Manager mentioned that Officer Danny Dunn was the officer who delivered the generator to his parent’s house.

Chief Wagner said that former Hollywood Police Chief James Hubert Scarberry contacted him to inform him that a reporter reached out to him in order to question him about the generator that was purchased with city funds. Chief Wagner did not want to be specific with former the Chief of Police Scarberry. Chief Wagner assumes that the conversation with former Chief Scarberry must have been after the reporter went to Hayward Benson’s home (City Manager Benson’s father).

• Hollywood Police Department former Chief of Police James Hubert Scarberry

Scarberry said that he frequently had contact with City Manager Cameron Benson while he was with the Hollywood Police Department. Scarberry recalls having a conversation regarding a generator with City manager Benson. Scarberry believes the conversation regarding the generator occurred during Hurricane Wilma in 2005. Scarberry stated then City Manager Cameron Benson approached him outside the EOC, located at the fire station on Sterling Road and

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advised him (Scarberry) that his parents were without electricity post storm and asked for a generator for his parent’s house. Scarberry explained that City manager Benson instructed him to get a generator to his parents’ home. Scarberry considered this to be an order. Scarberry said that such request was made by the City Manager and he ultimately requested an officer at the City manager’s request. Scarberry advised that he provided them the address that he was provided by the City Manager. Scarberry also said that City manager Benson never informed him that he had intentions to reimburse the city for the generator, nor does he know if he ever reimbursed the city for the generator(s). Scarberry believes the city purchased a number of generators by using the City Purchase/Procurement1 card. Scarberry said that if in fact generators were purchased with the City Purchase/Procurement card, then the city would have records and he believes these generators would have been purchased in preparation for the hurricane season (pre-hurricane). Scarbeery stated that perhaps Michelin Vitale his budget person would have the documentation regarding purchases during that time frame. Scarberry said that if a payment was made for the generators, City Hall Procurement would have that information.

• Hayward and Mattie Benson, parents of then City Manager Cameron Benson –

M. Benson said that she never thought the generators were purchased with city funds since the officer who delivered the generators stated that he purchased the generators with his credit card. M. Benson recalled that she wrote a check to one of the officers. M. Benson provided a copy of a check from Virtual Bank in the amount of $1,415.00, check # 521, account number ending with the last four digits , payable to Daniel Dunn. The check was signed by Mattie A. Benson. M. Benson confirmed that the signature on the check was her signature and also confirmed that the handwriting on the check was hers. SA Mulvey took possession of the copy of the check.

• Police Budget Officer for the City of Hollywood Micheline Hudon Vitale – Vitale

said that she does not recall anything regarding the allegations relative to the purchase of generators during Hurricane Wilma. Vitale stated that if she would have seen something, “it would most likely be in the list of the items that she paid.” Vitale explained that the generator could have been purchased through another department using someone else’s credit card. Vitale further explained that the generators that were used by the Police Department to assist with the red light function during Hurricane Wilma could have been purchased by the Public Works or Public Utilities Departments.

• Hollywood Police Department, Assistant Police Chief James P. Jones – Chief

Jones advised that during Hurricane Wilma in October 2005, he was the Assistant Director of the EOC; Chief Jones explained that he was in charge of the daily operations by prioritizing responses, managing personnel and staffing. Chief Jones advised that he was not in charge of generators; however, whenever there was a problem with the lack of power at traffic signals at an intersection, he would make sure that generators were delivered to that specific intersection. Chief Jones stated that he does not have first hand knowledge about the allegations regarding the generators and then City Manager Cameron Benson.

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• City of Hollywood, Public Affairs and Marketing Director Raelin Marie Lohse

(Storey) – Storey advised that she has direct contact with City Manager Cameron Benson. Storey said that she recalls having a conversation with City Manager Benson regarding the generators.

Storey explained that she received a call from City Manager Cameron Benson who indicated that he wanted to meet with her outside City Hall and she ultimately agreed to meet at the Arts Park in Hollywood, Florida. According to Storey, this was an unusual request.

Storey said that she met with City Manager Benson at the park. According to Storey, when they met at the park City Manager Benson that a reporter contacted him the previous day to ask him questions about the generator. Storey advised that she is familiar with the reporter who contacted City Manager Benson and his parents. According to Storey, she said that the reporter’s name is Megan O’Mats.

Storey stated that City Manager Benson proceeded to tell her that the reporter went to his parents’ home in order to speak to his father about a generator(s) he received after Hurricane Wilma. Storey said that City Manager Benson told her that he paid for the generators. Storey also stated that City Manager Benson said that he remembered he reached out to his father after Hurricane Wilma to determine if he was alright and it was during that conversation, that his father notified him that he needed a generator(s).

Storey explained that City Manager Benson told her that while he was at the EOC, he recalls the city received information that there were some generators available; therefore, the generators were obtained and subsequently taken to his father’s home. Storey explained that Benson did not “seem” to remember how the generators were obtained but indicated that the generators became available and a couple of police officers went to pick up the generators and delivered them to his parents’ home. Storey explained that Benson told her that he did not really remember specifics regarding the incident.

Storey said that there were subsequent discussions after the initial conversation regarding the generator with City Manager Benson. Storey recalls that on that same day, she also received an email from Megan O’Mats with general questions related to the generators. Storey advised that the reporter also submitted various public records requests.

Storey stated that she advised City Manager Benson to contact the reporter and answer the reporter’s questions. According to Storey, City Manager Benson followed her advice.

Storey explained that City Manager Cameron Benson told her that his parents were looking for the copy of the check which proves that his parents paid for the generators. Storey said that City Manager Benson showed her the check and advised her that it was two generators that were purchased and delivered to his parents’ home. Storey recalls that City Manager Benson showed her a copy of the check in the approximate amount of $1,400.

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Storey further advised that City Manager Benson indicated that he never ordered anyone to deliver these generators but someone volunteered to deliver these generators.

Storey said that in her opinion that during City Manager Benson’s explanation, “he did not seem as though the generators had been procured by the City of Hollywood, it seemed as an individual company or individuals advised the city that they had generators and the generators were picked up and taken to his father, who subsequently paid for the generators.” Storey also advised that in the conversations with City Manager Benson regarding the generators, it was her opinion that there was no indication from him that the generators were purchased by the city.

Storey advised that City Manager Benson first mentioned Officer Daniel Dunn’s name during their initial conversation regarding the generators. Storey said that at that point, she told City Manager Benson that she felt that if an officer had volunteered to do this, then in her opinion, it would “probably be helpful” to provide this information to the reporter in order to potentially eliminate a story.

Storey said that she is familiar with Officer Daniel Dunn. Storey said that City Manager Benson told her that when this officer (Officer Dunn) dropped off the generators, his father asked the officer how were the generators paid for and the officer indicated to his parents that he “personally” paid for the generators; therefore, Hayward Benson wrote a check to Officer Dunn to reimburse him for the cost of the generators.

According to Storey, she believes that Officer Daniel Dunn and City Manager Cameron Benson have a “friendly working relationship.” Storey said that there are many officers within the department that she never “sees;” however, Officer Daniel Dunn is certainly an officer that she often “sees” around the office.

Storey stated that City Manager Benson indicated that he had not spoken to Officer Daniel Dunn.

• City of Hollywood Budget Officer Kee Eng's - Eng advised that he was the Administrative Service Manager for Public Works. Eng advised that during that time, he was responsible for the budget overview, approval of requisitions, policy review, oversight of administrative staff, etc.

Eng stated that while he was an Administrator Manager, he reviewed purchases made in 2005 through Public Works. Eng advised that he has a checklist of various invoices that can be obtained through the Procurement Department. Eng said that the list includes date, vendor, description of the item, amount and/or the name of the person who requested the item.

Eng explained that it would not be unusual for a portable generator to be requested by the police.

• City of Hollywood, Florida, Senior Procurement Specialist, Janice English -

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English stated that she does not have any knowledge related to the allegations regarding the generators.

• City of Hollywood, Florida, Director of Procurement Services Joel S. Wasserman-

Wasserman stated that he has limited knowledge regarding the allegations related to the generator; however, Wasserman advised that there is a copy of the Bank of America’s statement for former Chief James Scarberry which was dated March 2008. According to Wasserman, the date does not correspond to the charges in 2005 because according to Bank of America, they were unable to provide the 2005 statement. According to Wasserman, Bank of America claimed that there was no bank activity throughout the time former Chief Scarberry was in possession of his Procurement credit card and he did not charge anything to his credit card. According to Wasserman he assumes that Bank of America was unable to provide statements for the 2005 period because there were no statements available for the account. Wasserman provided a copy of an email from Bank of America dated May 12, 2011 stating that "there was no activity" for former Chief Scarberry's Procurement card during the period from October and November 2005. Wasserman explained that the blanket purchase orders are handled through his division and he stated that if they know that they will be Purchasing items on a continual basis throughout the year, then they fill out a blanket purchase order to avoid going back and forth and/or resubmitting the requisition. Wasserman provided investigators with a copy of a memo dated June 1, 2005 from Ralph Dierks, Senior Procurement Specialist listing the registered vendors for 2005.

Investigator's note: A review of the memorandum shows that there were no generator purchases made for the 2005 period.

• City of Hollywood, Director of General Accounting Patrick Gill - Gill stated that he

is currently the Director of General Accounting for the City of Hollywood, Florida and has been employed with the City of Hollywood for approximately 20 years. Gill explained that as the Director of General Accounting, he is responsible for supervising the accounts payable functions, the payment and review of the Procurement card and conducts the annual city audit, etc.

Gill advised that his Senior Accountant reviews the approved card statements and authorizes the payment for the Procurement card to Bank of America each month.

Gill reviewed and explained the following documents that were previously provided by the City of Hollywood Police Department during the interim of the investigation:

• City Tax Exemption form for the City of Hollywood for the vendors and suppliers - Gill explained that this is a standard form letter that is provided to vendors with a certificate of exemption that indicates that a municipal government is exempt from sale taxes.

• Federal Emergency Management Agency (FEMA). FEMA Reimbursement Schedule – Gill stated that this list includes all the

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equipment provided to City of Hollywood from FEMA for Hurricane Wilma, showing the reimbursement rate per hour for the various types of equipment that are used in a disaster recovery (Gill explained in his own words that “if you own it, you can be reimbursed on an hourly basis for the use of the equipment but FEMA does not pay for equipment out right.”). Gill explained that FEMA does not reimburse for the purchase of generators and they only reimburse for the hourly rate the generators were used in disasters for recovery purposes.

• Police Inventory – Gill advised that these are the forms that are completed by various departments throughout the city. Gill further explained that these forms are completed when conducting the annual physical inventory which shows the status of the item purchased, where is located, etc. Investigator’s Note: SA Mulvey reviewed the list of the inventory provided to determine if a generator was purchased during Hurricane Wilma and the list did not show the purchase of a generator.

• A List of Blanket Purchase Orders – Gill explained that the list is good for any city departments to use because the vendors have gone through a bid process and this list shows who the vendor is and what it is, including a standard pricing list for 2005/2006 and slightly earlier date (within the Hurricane Wilma’s time frame). Gill stated that Home Depot is not a standard vendor under the blanket purchase order.

• Purchase Receipts and Statements from October to November 2005 for daily card and emergency card users for Bank of America’s Procurement Card - Gill stated that these are the purchases that Lieutenant (Lt.) Scott Pardon requested in order to see the actual receipts and purchase documentation after he (Gill) provided him (Lt. Pardon) the master list of all card holder purchases for the month of October 2005 through November 4, 2005 (which encompasses the Hurricane Wilma period). Gill said that he had an opportunity to review the statements to determine if any generators were purchased and according to him, none of the purchased items matched the dollar threshold that would have been required for the number of generators that were alleged to have been purchased. Gill stated that he also provided Lt. Pardon with selected statements and these statements show that no generators were purchased during Hurricane Wilma. Gill further advised that based on the information reviewed, there is no evidence that generators were purchased during Hurricane Wilma. Furthermore, Gill advised that he also reviewed former Chief James Hubert Scarberry’s Procurement card for the month of October through November 2005 and there was no activity on his card. Gill also explained that former Chief Scarberry’s card would not have been activated prior to October 2005 because he was not an everyday user. Gill said that former Chief Scarberry’s card was activated before the storm (Hurricane Wilma) and deactivated sometime after the storm.

• Specific card holder activity and backup information which shows that there were no generators purchased from October through November 2005.

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• Former City Manager with the City of Hollywood, City Manager Cameron Benson. Attorney W. George Allen represented City Manager Cameron Benson during the interview. The interview took place at the Broward State Attorney's Office, located at 201 Southeast 6th Street, Fort Lauderdale, Florida.

Benson stated that he was there voluntarily. Benson said that he was originally employed with the City of Hollywood in 1995 as an Assistant City Manager and in 2002, he was hired as the City Manager until June 17, 2011. According to Benson he left the City of Hollywood under a mutual agreement.

Benson was asked by SA Mulvey if he recalled Hurricane Wilma in 2005. According to Benson he stated that he was assigned to the EOC for approximately seven to eight days. Benson explained that when an emergency occurs, such as Hurricane Wilma, the department heads are responsible for their certain areas of responsibilities when running the EOC.

Benson stated that he never ordered former Police Chief James Hubert Scarberry to order or purchase any generators post or pre-Hurricane Wilma. However, Benson recalled that the only generator that was purchased was a very large generator for City Hall during Hurricane Wilma but this purchase had to go in front of the commission for approval.

Benson stated that he never owned a Procurement or Purchasing card with the City of Hollywood. Benson advised that he never ordered anyone within the City of Hollywood to purchase any generators on his behalf.

Benson explained that during Hurricane Wilma, he recalled calling his father, Hayward Benson to ask how he was doing and his father said that he was looking for a generator. Benson said that he told his father that he did not have any generators available but will call him later.

Benson stated that moments later, he was approached by Hollywood Police Department Officer Daniel Dunn and he notified him that they recently announced that were some generators available for purchase.

Benson said that Officer Dunn offered to take the generator to his father and he told Officer Dunn that he will check with his father to see if there was a way he can get the generator.

Benson explained that he trusts Officer Dunn. Benson stated that he knows Officer Dunn for approximately 5 years and does not consider him a stranger.

Benson said that Officer Dunn offered to take the generator to his father and as a result, he took two generators to his father. Benson stated that after his father received the generators from Officer Dunn, his father paid Officer Dunn directly since Officer Dunn paid for the generators with his own personal credit card.

Note: A copy of check number 521, payable to Officer Daniel Dunn, dated October 26th, 2005 in the amount of $1,415.00, signed by Maddie A. Benson was provided. The check was an identical copy of the check that was referenced in Investigative Report # 4.

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• Hollywood Police Department Lieutenant (Lt.) Andres Astacio - Attorney Barbara

R. Duffy represented Lt. Astacio during the interview. The interview took place at the Broward State Attorney's Office, located at 201 Southeast 6th Street, Fort Lauderdale, Florida.

Lt. Astacio has worked with the Hollywood Police Department for approximately 18 years and is currently assigned to special operations.

Lt. Astacio explained that during Hurricane Wilma, he was assigned to the Hollywood EOC. Lt. Astacio recalled that Major Mike Brown requested that he help Officer Danny Dunn deliver a generator to City Manager Cameron Benson’s parents’ house.

Lt. Astacio recalled that a generator was delivered but is not certain whether they took it out of the box or not because it was so long ago.

Lt. Astacio recalled that City Manager Cameron Benson’s father gave Officer Dunn a blank check for the generator. Lt. Astacio stated that when Benson’s father gave Officer Dunn the check, they joked about going to the BMW dealer and remembered that Benson’s father took the check back laughing and asked how much he owed Officer Dunn. Lt. Astacio stated that Officer Dunn told Benson’s father the amount and he (Benson’s father) filled it in.

Lt. Astacio said that it was not abnormal for them to deliver generators to assist other individuals during a hurricane and even admitted that in the past, he also purchased a generator and took it to his home.

• Hollywood Police Department Detective Daniel Dunn - The interview took place at the Broward State Attorney’s Office. Detective Dunn was issued a subpoena by the Broward State Attorney’s Office. Detective Dunn was made aware that the interview was being recorded and that although the witness subpoena provided him with limited immunity, no immunity was provided for perjury.

Dunn advised that during Hurricane Wilma he was assigned to work in the EOC and his responsibilities were to deliver supplies, food, water, etc. According to Dunn he was the “do boy.”

Dunn recalled that during that time, some people advised him that the Home Depot located in Oakland Plaza was selling generators and he offered former City Manager Cameron Benson to get generators for him and deliver them to his parents’ home.

Dunn admitted and confirmed that he paid for the generators with his credit card and was reimbursed when he delivered them to his parents’ home.

Dunn advised that the generators were delivered using an unmarked pick-up truck.

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Dunn stated that City Manager Cameron Benson never ordered him to deliver these generators and he volunteered to purchase the generators and deliver the generators to his parents’ home.

Dunn advised that two generators were purchased and delivered by him and Lt. Astacio.

DOCUMENTS SUBPOENAED DURING THE INTERIM OF THE INVESTIGATION

At the request of the Florida Department of Law Enforcement, the following subpoenas were requested and received from the Broward State Attorney's Office, Assistant State Attorney Jeannette M. Camacho for the following Financial Institutions/Credit Card companies:

1. American Express - the original subpoena was mailed on Friday, May 20, 2011, by SA Mulvey.

2. Bank of America - the original subpoena was served to Bank of America at 2680 NW 107 Avenue, Doral, Florida 33172 on Monday, May 23, 2011 and received by Vanessa Navarro, Assistant Manager.

3. Sun Credit Union - the original subpoena was served to Sun Credit union, 4205 Hollywood Boulevard Hollywood, Florida 33021 and received by Member Services Manager Lynne Carr.

The above reference subpoenas (1-3) requested copies of bank statements, deposits, corresponding receipts, etc., for various account owners related to the ongoing criminal investigations. On May 25, 2011, ASA Camacho provided SA Mulvey with a copy of a receipt from Home Depot, store number 6310. SA Mulvey was able to identify that store 6310 is located at 3401 Oakwood Boulevard Hollywood, Florida 33020. The receipt shows transaction 9523, with a sales posting date of October 26, 2005 for two 5 KW (Kilowatt)generators, totaling $1,198.00. The receipt shows that the cost for each generator was for $599.00. The receipt also shows that these generators were purchased with an American Express credit card with the last four numbers on the credit as , with an expiration date of 1007. On June 9, 2011, Special Agent (SA) Claudia Mulvey received financial records from Sun Credit Union pursuant subpoena. SA Mulvey reviewed the records received. The following is a synopsis of the information obtained:

- Daniel Dunn's bank statement period from 10/01/2005 thru 10/31/2005; - Nadine R. Dunn's bank statements for Savings/Checking account from 10/01/2005 thru 10/31/2005; - Daniel J. Dunn's bank statement period from 11/01/2005 thru 11/30/2005. The statement shows a deposit dated 11/7/2005, totaling $2,255.00. The deposit slip shows that a total of $190.00 (cash) was deposited, along with check # 133

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totaling $650.00 and check # 521 totaling $1,415.00. Investigator's Note: check # 521 totaling $1,415.00 matches with the information obtained from Hayward Benson's interview. The deposit information matches with the check that Hayward Benson gave Officer Daniel Dunn when the generators were delivered to the Benson's residence. However, the copy of the actual check was not provided by the financial institution because according to the financial institution (Sun Credit Union), the copies of the deposits/checks are destroyed after 5 years. - Nadine R. Dunn's bank statement for Savings/Checking account from 11/01/2005 thru 11/30/2005; - Daniel J. Dunn's bank statements period from 12/01/2005 thru 12/31/2005; - Nadine R. Dunn's bank statements from 12/01/2005 thru 12/31/2005.

On June 23, 2011, Special Agent (SA) Claudia Mulvey received a copy of a statement from American Express pursuant to an issued subpoena on May 20, 2011. A review of the statement shows that the statement was prepared for Nadine Dunn, account number with a closing date of 10/28/2005. The statement also included charges made by authorized user Daniel Dunn with an account number ending with 1-31014. The following charges were made at Home Depot in Hollywood Florida on Daniel Dunn's credit card: "10/26/05 THE HOME DEPOT #6310HOLLYWOOD FL 139.71 10/26/05 THE HOME DEPOT #6310HOLLYWOOD FL 1,271.99 10/26/05 THE HOME DEPOT #6310HOLLYWOOD FL 189.74" Investigator's note: The above information matches with the information previously provided by Assistant State Attorney (ASA) Jeannette Camacho. The charges on Daniel Dunn's credit card match with the receipt previously provided by Dunn's attorney, which shows a purchase of two 5 KW (Kilowatt) generators totaling $1,271.99 (including taxes and 1 quart of oil valued at $1.99). The receipt also shows that an American Express credit card ending with the last four digits of " " was used to purchase these items at the Home Depot store # 6310. On August 23, 2011, Special Agent (SA) Claudia Mulvey received information requested pursuant a subpoena to Bank of America which was served on May 23, 2011. The following is a synopsis of the response references the copies of the documents that were requested in the subpoena: "NO STATEMENTS AVAILABLE PER DESIRED SCOPE." SA Mulvey telephoned the Legal Order Processing of Bank of America to confirm the information received and they confirmed that there were no documents available for that time frame. Investigator's Note: The subpoena requested copies of the credit card statements and/or matching receipts for the City of Hollywood Purchasing Card for former Chief of Police Scarberry, account # and any/all other credit card statements issued to Scarberry from October 2005 thru December 2005. The subpoena also

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requested copies of the credit card statements and matching receipt for City of Hollywood Purchasing Card for Greg Turek and Joel Wasserman from October 2005 thru December 2005. Finally, SA Mulvey contacted Brian J. Costello, Central Investigations Team for the Home Depot. Costello ran the serial numbers for the generators found in the Benson’s home, along with a copy of the receipt previously provided for the purchase of the generators during Hurricane Wilma. According to Costello they were unable to find any generators sales because the data requested is out of the normal time range.

INVESTIGATIVE CONCLUSION

On September 12, 2011, Special Agent (SA) Claudia Mulvey received via e-mail the "Close-Out Memorandum" from Assistant State Attorney Jeannette Camacho with the Broward State Attorney's Office regarding City Manager Cameron Benson, former City Manager with Hollywood, Florida (Attachment A). The Broward State Attorney's Office closed the case based on a decision that there was "no evidence to support that Mr. Benson Committed any crime in reference to the generators." The Florida Department of Law Enforcement concurs with the State Attorney's decision that there is no evidence that proves that former City Manager Cameron Benson used his official position and/or used city funds to acquire generators during Hurricane Wilma. Therefore, based on the Investigative Conclusion, the FDLE will take no further action.