Retro RICO

M Dante filed this request with the Clerk of Court - Brevard County of Brevard County, FL.
Est. Completion None
Status
Withdrawn

Communications

From: Melanie Dante

To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Any and all documents related to 1986 State of Florida vs. Wallace; case originating in Cocoa Beach - Brevard County - Florida.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Melanie Dante

From: Leslie Jacobs

April 11, 2016

Ms. Melanie Dante
Via email requests@muckrock.com

Dear Ms. Dante:

The Attorney General’s office has received your public records request
dated April 10, 2016 for the following documents:

“any and all documents related to the 1986 State of Florida vs.
Wallace case originating in Cocoa Beach, Brevard County, Florida.”

The information provided in this request is insufficient to search Office
of the Attorney General records. This office would need additional details
such as a case number or name of the Assistant Attorney General
representing the state to conduct a search of our records. It also may be
that our office had no involvement with this case and you will have to
contact the agency that prosecuted the case for records. Should you have
additional questions, feel free to contact our office at 850-245-0140.

Sincerely,

Leslie Jacobs
Public Records Coordinator
Office of the Attorney General
PL 01, The Capitol
Tallahassee, FL 32399-1050
(850) 245-0140(o)
(850) 487-2564 (f)

From: Melanie Dante

Please let me know through what office or archive I may find information on the 1986 State of Florida case in question.

From: Leslie Jacobs

May 5, 2016

Ms. Melanie Dante
Via email requests@muckrock.com

Dear Ms. Dante:

The Attorney General’s office has received your response to our April 11,
2016 acknowledgement of your public records request dated April 10, 2016
for the following documents:

“any and all documents related to the 1986 State of Florida vs.
Wallace case originating in Cocoa Beach, Brevard County, Florida.”

You asked “through what office or archive you may find information of the
1986 state of Florida case in question.” The statutory obligation of the
agency’s custodian of public records is to provide access to that agency’s
existing records. Chapter 119, F.S. does not provide that the custodian
answer questions regarding the agency’s records or provide legal research.
In an effort to be of assistance however, we suggest you contact the clerk
of court for Brevard County or the state attorney’s office for that county
for the information you seek.

Sincerely,

Leslie Jacobs
Public Records Coordinator
Office of the Attorney General
PL 01, The Capitol
Tallahassee, FL 32399-1050
(850) 245-0140(o)
(850) 487-2564 (f)

From: requests@muckrock.com
To: Leslie.Jacobs@myfloridalegal.com
Date: 05/03/2016 09:23 AM
Subject: RE: Sunshine Law Request: Retro RICO

May 3, 2016
Office of the Attorney General - Florida
General Counsel
Office of the Attorney General
The Capitol
Tallahassee, FL 32399-1050

This is a follow up to a previous request:

Please let me know through what office or archive I may find information on
the 1986 State of Florida case in question.
---

On May 3, 2016:
Please let me know through what office or archive I may find information on
the 1986 State of Florida case in question.
---

On April 11, 2016:
April 11, 2016

Ms. Melanie Dante
Via email requests@muckrock.com

Dear Ms. Dante:

The Attorney General’s office has received your public records request
dated April 10, 2016 for the following documents:

“any and all documents related to the 1986 State of Florida vs.
Wallace case originating in Cocoa Beach, Brevard County, Florida.”

The information provided in this request is insufficient to search Office
of the Attorney General records. This office would need additional details
such as a case number or name of the Assistant Attorney General
representing the state to conduct a search of our records. It also may be
that our office had no involvement with this case and you will have to
contact the agency that prosecuted the case for records. Should you have
additional questions, feel free to contact our office at 850-245-0140.

Sincerely,

Leslie Jacobs
Public Records Coordinator
Office of the Attorney General
PL 01, The Capitol
Tallahassee, FL 32399-1050
(850) 245-0140(o)
(850) 487-2564 (f)
---

On April 10, 2016:
To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15
(1995)), I hereby request the following records:

Any and all documents related to 1986 State of Florida vs. Wallace; case
originating in Cocoa Beach - Brevard County - Florida.

The requested documents will be made available to the general public, and
this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform
me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or
CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I
would request your response within ten (10) business days.

Sincerely,

Melanie Dante

------
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock
DEPT MR 25099
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.
------

From: MuckRock

To Whom It May Concern:

This request is being forwarded to your office for processing. Confirmation of receipt and an estimated date of completion would be greatly appreciated.

Thank you.
____________________________
To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Any and all documents related to 1986 State of Florida vs. Wallace; case originating in Cocoa Beach - Brevard County - Florida.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Melanie Dante

From: Melanie Dante

Please let me know through what office or archive I may find information on the 1986 State of Florida case in question.

From: Carol Woods

Good morning Ms. Dante:

The Research Department with the Brevard County Clerk of Court’s office has received your request for copies from a 1986 case, State of Florida vs. Wallace. If you can please provide the full name of the defendant as well as the nature of the charge(s), it will assist our office with locating the court case number. Once this information is received, we will research our records and respond with the copy fee charges.

Thank you,

Carol Woods
Scott Ellis, Brevard County Clerk of Court
Research Department
P. O. Box 2767
Titusville, FL 32781-2767
321-637-2004
Ext. 49091

From: Melanie Dante

Thank you, Carol. How much time do I have to get that to you before the request cancels, please? A few months back I had a hard drive crash, and have to go through my file archive. That information was confirmed and stored in 2014, and I have may have to re/research it for the case number. Apologies for not having it right at hand.

From: Carol Woods

Good morning Ms. Dante:

You are welcome, Ms. Dante. It is not a problem not having the information readily available. Your request will remain open for 45 days.

If you have the defendants full name, date of birth, and a charge description, I can research our records for the case number.

Have a great day.

Thank you,

Carol Woods
Scott Ellis, Brevard County Clerk of Court
Research Department
P. O. Box 2767
Titusville, FL 32781-2767
321-637-2004
Ext. 49091

From: Melanie Dante

Hi Scott. Thank you for your response. Below is all the information I have on the case:

THE ORLANDO SENTINEL
Copyright © 1987, THE ORLANDO SENTINEL
Wednesday, February 11, 1987

WOLFINGER WARNS ADULT BOOKSTORES
Edition: 2 STAR
Section: LOCAL/STATE
Page: D1
Source: By Lynne Bumpus-Hooper of The Sentinel Staff
Dateline: TITUSVILLE

State Attorney Norm Wolfinger has put adult-bookstore owners in Brevard County on notice that if they don't start policing themselves, his office will.
Wolfinger sent a letter to store owners outlining the jury conviction of adult-bookstore owners Marian and Samuel Wallace. The Wallaces, who operated Leather and Lace in Cocoa Beach, were tried in October and sentenced to 2 1/2 years in prison and 7 1/2 years of probation in January under the state Racketeer Influenced and Corrupt Organizations Act. Their case was the state's first RICO conviction involving the sale of obscene materials.
Wolfinger said the letter is designed to give bookstore owners the information they need to police themselves.
''We want them to be aware that certain things have been declared obscene in this community. Then if they don't clean up themselves, we'll take whatever action is necessary,'' Wolfinger said.
The letter includes a list of the magazines and videotapes presented at the Wallaces' trial, but it does not inform the shop owners that obscenity must be determined case by case. Wolfinger said the letter would have been too long and complicated if all the details of the conviction were included.
The letter also tells shop owners they have until Friday to comply and to contact the state attorney's office for help in determining what is obscene.
The Friday deadline prompted one bookstore owner, who requested anonymity, to start a sale as soon as he received the hand-delivered letter.
''I got rid of all my hard-core magazines in October when the Wallaces went on trial. Now I'm selling my videos,'' the man said.
The bookstore owner said he ''intends to follow the rules and regulations of the county. I don't need and can't afford the hassles.''
He said, however, that video stores are
carrying the same tapes the adult bookstores are being warned to get rid of. Those businesses did not receive the state attorney's letter.
Wolfinger said only ''four or five'' adult bookstores received the letters.
Wolfinger would not say whether the Friday deadline meant a crackdown on the stores would begin on that day, but he said a deadline was necessary to keep the notice from being ''open-ended.''
He said his office was not trying to act as censor.
''We're just trying to help them. We're saying these types of materials have been found obscene by a jury in Brevard County. We're not trying to sneak up on anyone,'' Wolfinger said.

Keywords: FLORIDA STATE LAWYER BREVARD COUNTY BUSINESS ADULT ENTERTAINMENT

Tag: 200110020187

THE ORLANDO SENTINEL

Copyright © 1987, THE ORLANDO SENTINEL
Saturday, January 31, 1987

2 GET TERM UNDER RICO ACT

Edition: BREVARD
Section: LOCAL/STATE
Page: D10
Dateline: TITUSVILLE

Two former owners of a Cocoa Beach adult bookstore were sentenced Friday to 10 years in prison, although they will be required to serve just 30 months of the sentence.
Charlotte and Samuel Wallace, who were sentenced by Circuit Judge Dean Moxley, will be on probation for the remaining 7 1/2 years of the sentence, Moxley said.
The Wallaces were found guilty of racketeering under the state's Racketeer- Influenced and Corrupt Organizations Act. Prosecutors statewide are beginning to use the RICO act in cases involving distribution of obscene material because heavier penalties are available, experts say.
The Brevard case was the first successful prosecution under RICO, said Assistant State Attorney Wayne Holmes.

Keywords: ADULT BOOK BUSINESS SENTENCE FIRST FLORIDA LAW

From: Carol Woods

Good morning Ms. Dante:

Thank you for the information. I have located an arrest by the Brevard County Sheriff’s Office on November 27, 1985, for Samuel Wallace. The arrest indicates the charge of RIC0. The case number is 05-1985-CF-005298-AXXX-XX, which totals seven volumes. Once the page count has been conducted, I will advise you of the cost for copies.

Have a great day,

Carol Woods
Scott Ellis, Brevard County Clerk of Court
Research Department
P. O. Box 2767
Titusville, FL 32781-2767
321-637-2004
Ext. 49091

From: Carol Woods

Good morning Ms. Dante:

The cost for the copies of case number 05-1985-CF-005298-AXXX-XX (Samuel Wallace) is $1,435. We charge for return postage which cost will depend upon the method of delivery you choose. If you will please let me know the method of delivery you wish and provide the address to which we are sending the documents, I will respond with the total price due. You may pay with a credit card by contacting our office at 321-637-2004 or a check made payable to Clerk of the Circuit Court and mailing to P. O. Box 2767, Titusville, FL 32781-2767, Attention: Carol. Please reference RCRC request ID #144742.

If you have questions or I can assist further, please do not hesitate to contact me at the below telephone number or my email address at carol.woods@brevardclerk.us<mailto:carol.woods@brevardclerk.us>.

Have a nice remainder of your day.

Thank you,

Carol Woods
Scott Ellis, Brevard County Clerk of Court
Research Department
P. O. Box 2767
Titusville, FL 32781-2767
321-637-2004
Ext. 49091

From: Melanie Dante

Thank you. My funding streams are currently unavailable so all my pay required RTK and Public Records searches are on hold at this time. I hope to return to this facet of the research at a later date. I appreciate your time and communication with me. Regards - MGD

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