When conscience weighs in as a heavy burden

On responsibility of telling the truth, letting go,
and being the conscience of the community

 

By HEINZ DINTER, PhD

How is morality measured? Do Cicero's words of more than 2,000 years ago — "When money is unreasonably coveted, it is a disease of the mind which is called avarice." — help find the answer? My long-term involvement in exposing wrongdoing of those operating as real estate developers and promoters, also dubbed condo vultures, did not come without a twin in the form of ruthless terror designed to silence me and shower me with vengeance. The evil, immoral forces considered my single-handed stance without expert legal representation on my side an opening to make me easy pray. But my defense has been successful for more than 20 years and shall continue to be on the side of discovering truth. Shakespeare's words ring loudly: "Time's glory is to command contending kings, to unmask falsehood, and bring truth to light."

 

  

Pierre Heafey, Gino Falsetto, Dennis Bedard, Hon. Daryl Trawick, and Hon. Ronald Dresnick

 

On responsibility of telling the truth

A war that lingers on and on for well-nigh a quarter century leaves destruction and painful memories in its wake. The war I speak of is one of truth versus immorality reflected in the shameful abuse of condo dwellers at the hands of a real estate promoter, serving as successor developer, who specializes in buying financially troubled real estate, including condominiums where control of their membership associations is part of the deal.

Pierre Heafey’s wealth getting closer and closer to the billion dollar mark could well be a candidate for acclaim as a role model entrepreneur who financed his education in law school driving a taxi cab in his native Quebec, Canada. Such accolades are destined to avoid him because he’s failing Abraham Lincoln’s test of being an honest attorney and certainly cannot win the endorsement of and cannot match the spirit of fair play of a Warren Buffet in acquiring wealth.

Grand Lifestyle (initially in printed magazine form and now online for worldwide view on the Internet) has published hundreds of cases of Groupe Heafey’s wrongdoings, led by the Gatineau, Quebec company’s principal Pierre Heafey, and armada of associates and gofers, chief among them landsman Gino Falsetto, attorney and member of The Florida Bar Dennis Bedard, and daughter Nathalie Heafey.

The misdeeds range from waiving payment of delinquent condo association maintenance fees for friends and clients, and dragging others into foreclosure court; committing mortgage loan application fraud, a criminal offense, to boost a tax shelter program for Canadian citizens which landed in Miami’s federal court where Heafey’s Canadian company was convicted and ordered to pay an $800,000 fine.

Braving six lawsuits triggered by the Heafey forces against me and designed to stop the publishing of the truth has taken a heavy toll, but the courts protected my right to publish the truth and exert efforts to motivate the victims toward action against their oppressors.

The sixth such lawsuit was launched against me in 2007. Just like the first such attack in 1993, in which another individual, Grand condominium unit owner Lourdes Chauvet who had been standing up against Heafey wrongdoings and served as the first unit owner representative on the Grand Condominium association’s board of directors was named as a co-defendant, the Heafey clan tried it again. Bentley condominium hotel unit owner Cynthia Lynn, a forensic accountant, who was challenging the condo association’s accounting, controlled by association president Gino Falsetto, and demanded a thorough audit of the association’s books, was named as a co-defendant in this lawsuit. I hasten to add, I have never met Mrs. Lynn, never conducted any sort of business with her, and only had one brief telephone contact with her prior to the filing of this lawsuit. Obviously, the strategy of dragging people into a time-consuming and expensive court battle in an attempt to silence or punish was employed again.

This lawsuit, like the previous court battles, ran into big trouble when Judge Daryl Trawick could find no reason to brandish my publishing as defamatory except to find that one article’s title stated that Pierre Heafey pleads guilty to mortgage application fraud. I promptly made the change to read that Pierre Heafey’s company pleads guilty to this criminal offense.

Realizing that the First Amendment to the US Constitution protects those who publish the truth, Pierre Heafey and Gino Falsetto offered to dismiss the lawsuit with a settlement agreement in which I promise to no longer publish anything about them, their businesses, and all associated with them. I agreed and looked forward to a life blessed by peace of mind. But it didn’t last.

When the unit owners of the Bentley condominium hotel, reeling under the exploitation of Pierre Heafey’s condo control and were ignored by Nathalie Heafey, the hotel’s manager, and Gino Falsetto, the condo association’s president, they turned to me for help because they knew I was able to communicate with Falsetto.

I agreed to take their grievances to Gino Falsetto and did so with the 68-page documentation of problems at the Bentley hotel. This document, containing only information supplied by the hotel’s unit owners and none supplied by me, was submitted by me to Falsetto with the assurance that this is a private communication to him and Mr. Heafey, and no one else.

The response was blunt and revealing. The bluntness was in the form of an “emergency motion” to the court accusing me of violating the settlement agreement and asking for a contempt of court ruling. The revelation is obvious: Heafey and Falsetto aimed for drastic measures, lying to the court, hide their atrocities, and nip any attempts by the unit owners to deal with the issues raised. Judge Ronald Dresnick (he had replaced Judge Trawick in this action) barely listened to me, accepted the false allegations as the truth without verifying their validity, and held me in contempt of court. That ruling opened the flood gates and four more contempt “emergency motion” triggered more contempt citations — all based on false allegations, including the sworn testimony under oath by Pierre Heafey which constitutes perjury, a severe criminal offense.

That hearing before Judge Dresnick in 2009 is solidly burned into my memory. I was at that time battling a very painful prostate disorder, leaned on strong pain medication, and simply was in bad shape to stand up in a public forum. Indeed, the judge handed me more than a contempt citation: a glass of water to aid me in my struggle to be coherent in addressing the court.

Heafey pleas to the court to punish me reached extremes: one motion asked for my incarceration and when this failed the next motion asked the court to fine me $1.7 million dollars. Though the court could not be swayed to issue these punishments, no justice came to my defense beginning with the first contempt of court order issued on June 22, 2009 and Heafey's lying to the court having climaxed with the most recent 11-page contempt of court order issued on March 7, 2013 by the Honorable Ronald Dresnick. This order was issued in response to the fifth “emergency motion” hearing on January 31, 2013 at which Pierre Heafey committed perjury, a criminal offense.

My pleas to the court — in writing and orally at the hearings — to have the contempt of court orders vacated were never addressed by the court. Judge Dresnick never uttered a single word in justification why I am not entitled to have these orders vacated. He never even gave me equal time to the lengthy lie-filled speeches of attorney Dennis Bedard … and Pierre Heafey got away with lying under oath.

This and the previous contempt motion hearing were attended by me via telephone because of my physician’s attesting to my inability to do so in person. Heafey’s attorney had refused to reschedule the hearings.

The truth continues to be victim of the bastardly acts of Pierre Heafey and his attorney and business partner Dennis Bedard, continues to fail in its efforts for a fair hearing before this tribunal — in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida — and continues failing to protect me as guaranteed by the United States Constitution.

I have been defending myself against the Heafey clan onslaught single-handedly without the help from an attorney in six lawsuits, one of which I even successfully moved to the federal court when the Heafey clan attempted to wrest my trademark, Grand Lifestyle, from me. The first lawsuit, brought in 1993, came to a quick end when I subpoenaed Pierre Heafey (he was personally not a plaintiff) to answer my questions under oath in a deposition and the lawsuit was voluntarily dismissed by the plaintiffs. It doesn’t take much brain power to conclude the plaintiffs, The Grand Condominium Association and its members of the board of directors, were under Heafey’s control and obeyed his wishes.

During these 20 years of turmoil, the Heafey clan has been waging war against me represented by four law firms and close to a dozen attorneys, the most recent being Dennis Bedard, Jane Hendricks, and Roger Schindler.

Letting go

How can I get Pierre Heafey, Gino Falsetto and their clan off my back and live a life filled with peace of mind? As long as my life continues to suffer from unlawful means to cause me harm I must — and I shall — muster a vigorous defense until justice prevails and, unequivocally, all wrongs have been righted.

Of course, a twin motive continues to stand in the way:

(1) all-out effort of the Heafey-Falsetto-Bedard troika to continue creating wealth by unlawful means and hiding their actions from public view and from the authorities; and

(2) rain vengeance on the only force who has caused the prosecution of Pierre Heafey(‘s company) by the United States government for criminal wrongdoing — mortgage loan fraud.

On being the conscience of the community

I turned my back on calling The Grand condominium home some 20 years ago, have never set foot inside the Bentley condominium hotel, the Hilton Bentley Beach condominium hotel, the Grove Garden Residences condominium, or, to the best of my knowledge, any other real estate owned or controlled by Pierre Heafey and Gino Falsetto.

During all those years of reporting on the wrongdoings of the Heafey-Falsetto-Bedard troika and their cheating and stealing from and lying with impunity to condo dwellers under their control, though many victims cheered me on from the sidelines, apathy and fear of getting involved kept hidden inside their apartments those who suffered and failed to heed my warnings also so very eloquently uttered some 200 years ago by Benjamin Franklin, “We must, indeed, all hang together or, most assuredly, we shall all hang separately.

Having successfully reached three-quarters of a century of which one-third was dedicated to stand by the truth in skirmishes with the condo marauders, I clamor for peace, but stand by Martin Luther’s commitment, “Peace if possible, but truth at any rate.”

War destroys, but if necessary, must be fought; and when evil succumbs to human decency and respect, life celebrates the grand lifestyle again.

Pierre Heafey used the ugly strategy of smearing the adversary and attempting to destroy his credibility in open court and had the audacity to do so under oath. Now, he is even the coward and hides behind the court's order to avoid either proving his testimony or admitting his lies.

I, Heinz Dinter, have the same right as Pierre Heafey and should respond with equal recklessness in retaliation — a tit for tat. But, there is no need for me to stoop low and utter lies under oath. Of course, I would never commit perjury as Pierre Heafey did.

Here is what will happen now. Instead of smearing Pierre Heafey with lies like Pierre Heafey plastered me with, I challenge investigative journalists to sharpen their pencils:

Let us tell the whole world in the open court of righteousness about the evils of money laundering, drug trafficking, fraud, conspiracy to defraud, grand theft, employment abuse, tax cheating, and most importantly — fellowman exploitation and lack of respect for all; and lend a helping hand to the protectors of our unalienable rights to life, liberty and the pursuit of happiness, and seekers of the truth.

The flame of one cause continues to burn brightly: my commitment to help save the Coconut Grove Playhouse and the E.W.F. Stirrup House in Miami's Coconut Grove. My resolve to support Miami's citizens to protect the cultural history embedded in the Playhouse and protect the African-American heritage of Coconut Grove is stronger than ever. A monster condo complex as depicted at www.TheTruthWillSetTheCoconutGrovePlayhouseFree.org must never become reality.

My second commitment was forged by my observation of monstrous cases of mortgage fraud committed by people of meager means and business tycoons who nearly brought our economy to a standstill and, as is the case of mortgages secured by FANNIE MAE and FREDDY MAC, where the taxpayers ultimately pay the bill. Such misdeeds must be exposed and brought to justice.

Let us all be guided by the words of Martin Luther King Jr.: “To ignore evil is to become an accomplice to it.”

 

Pierre Heafey and Gino Falsetto must serve the people of Coconut Grove

Let  us make one thing crystal clear: We renew our commitment to serve the people of our community until this noble goal is reached: Pierre Heafey and Gino Falsetto will return Coconut Grove to the people with the following actions:

  1. Cancel any and all obligations by The Coconut Grove Playhouse, Inc.

  2. Donate the two vacant parcels of land at 3237 and 3247 Charles Avenue in Coconut Grove to The Coconut Grove Playhouse, Inc.

  3. Cancel the lease for the property at 3242 Charles Avenue, Miami, FL 33133, known as the E.W.F. Stirrup House.

We shall not waver in our resolve come hell or high water — The Coconut Grove Action Forum.

 

Who does not call it mortgage fraud?

Our focus is on three members of Pierre Heafey’s inner circle, one is his intimate business partner, Gino Falsetto; one is the multi-millionaire’s daughter, Nathalie Heafey, and one is the attorney and intimate business partner of all three, Dennis Bedard, plus accessories to their actions, Julie Grimes and Magdalena Farias.

Thirteen mortgage foreclosure lawsuits totaling many, many millions of dollars brought against these individuals cannot fall into the category of economic hardship befalling a homeowner who is about to lose his or her home because they were unable to pay their mortgage. These foreclosures deal with investment properties for the purpose of increasing wealth and not provide shelter.

Nathalie Heafey, Julie Grimes, and Magdalena Farias

The table below identifies the 13 foreclosure lawsuits and offers details which prompt many questions and, though the details are not complete as represented here and call for further investigation and action.

Ο How much loan proceeds money landed in the pockets of the defendants for use other than to finance the legitimate purchase of the property? How many millions?

Ο Is there a seller-buyer conspiracy to commit fraud that led to the loan?

Ο Is there a conspiracy to commit fraud involving third parties?

Ο Is there a conspiracy to commit fraud involving the appraiser?

Ο Did the lending institutions carry out due diligence before granting the loan?

Ο Did these foreclosures result from sheer bank staff negligence? Was it simply a matter of competence?

Ο Is there a conspiracy to commit fraud involving the lending institution’s staff?

Ο How many millions of dollars are we, the taxpayers, handing over to finance these incredible mortgage lending schemes? Let us not forget, FANNIE MAE is financed by the American taxpayer.

Ο If any of these mortgage foreclosures are the result of mortgage fraud, investigated by the FBI, will the truth come to light?

Ο Is there a good reason why these members of the Pierre Heafey clan are feverishly attempting to silence those who discover possible mortgage fraud and bring it to our attention and leave no stone unturned to shower discoverers of the truth with brutal revenge?

Ο Does the seriousness of the crime feed the motive for revenge in direct proportion and also do so for stimulating lies, misleading the tribunal, and including perjury?

Ο It is high time for the appropriate authorities to step in and investigate. Will they?

Let the table overflowing with facts speak and open your eyes. Then act.


Style & Case Number

Details and Timeline

GINO FALSETTO

US Bank (NA) (TR) vs. Gino Falsetto and Magdalena Farias (Gino Falsetto's wife)
11-42027-CA-31

Condo Unit PH-08, Grove Garden Residences
2006-10-15 Sold by Falsetto's Main Highway Development LLC to Gino Falsetto for $1,360,000
2011-12-16 Lawsuit filed
2013-08-26 Voluntary dismissal

Deutsche Bank National Trust Company (TR) vs. Magdalena Farias and Gino Falsetto
11-17641-CA-04

Condo Unit PH-03, Grove Garden Residences
2006-09-15 Sold by Falsetto's Main Highway Development LLC to Magdalena Farias for $520,000
2011-06-08 Lawsuit filed
2013-04-19 Final Judgment $470,108.27

 

Mercantil Commerce Bank (NA) vs. GAN Group LLC and Gino Falsetto
11-16673-CA-32

2001 Galiano St, 42 Navarro Av, 20 Navarro Av, 33 Alhambra Cir, 43 Alhambra Cir, 47 Alhambra Cir, Coral Gables, Florida 33134
2011-05-31 Lawsuit filed
2012-01-31 Final Judgment: $5,921,791.67
2012-03-20 Sold to 1814 Brickell LLC for $300,000

Mercantil Commerce Bank (NA) vs. Taurus Commercial LLC and Gino Falsetto
10-3023-CA-08

Commercial Units CU-01, CU-02, and CU-03, Grove Garden Residences
2010-01-19 Lawsuit filed
2011-12-16 Settlement: New Promissory Note of $4,690,000

Colonial Bank vs. 3247 Charles LLC, Double Park LLC, Vittorio Gerri and Gino Falsetto
09-27214-CA-22

3227 and 3247 Charles Avenue, Coconut Grove
It's the 2 vacant lots (parking lots) behind The Coconut Grove Playhouse and across the street from the E.W.F. Stirrup House
2009-04-03 Lawsuit filed.
2010-01-12 Final Judgment: $720,546.28
2010-12-27 Sold to Pierre Heafey's Heagrand Inc. for $200,100
More here

Colonial Bank vs. Bentley Bay Boys LLC and Gino Falsetto
09-19915-CA-10

Bentley Bay Condominium and more, Miami Beach
2009-03-12 Lawsuit filed
2011-03-16 Final Judgment: $7,359,419.70
2011-05-17 Sold to Branch Banking & Trust Company for $100

Deutsche Bank National Trust Company (TR) vs. Gino Falsetto
08-79030-CA-59

Condo Unit 202, Grove Garden Residences
2007-03-21 Sold by Falsetto's Main Highway Development LLC to Gino Falsetto for $910,000
2008-12-19 Lawsuit filed
2010-08-23 Dismissed for plaintiff's non-appearance
2012-12-08 Sold by Falsetto to Sami Kamhawi (Falsetto's business partner)
2013-04-01 Voluntary dismissal

NATHALIE HEAFEY (DAUGHTER OF PIERRE HEAFEY)

Deutsche Bank National Trust Company (TR) vs. Nathalie Heafey
08-51013-CA-32

Condo Unit 308, Grove Garden Residences
2006-09-21 Sold by Falsetto's Main Highway Development LLC to Heafey for $690,000
2009-09-03 Lawsuit filed 
2009-06-11 Final Judgment: $542,608.21
2009-11-24 Auction sale to Deutsche Bank for $100
2009-03-25 Sold for $305,000

Wachovia Mortgage Corporation vs. Nathalie Heafey
08-56675-CA-05

Condo Unit 303, Grove Garden Residences
2007-01-08 Sold by Falsetto's Highway Development LLC to Heafey for $395,000
2008-09-18 Lawsuit filed
2009-01-26 Final Judgment: $377,280.64
2009-07-29 Assigned to FANNIE MAE for $0
2010-07-30 Sold for $210,000

Wachovia Mortgage Corporation vs. Nathalie Heafey
08-55987-CA-23 

Condo Unit 307, Grove Garden Residences
2006-09-21 Sold by Falsetto's Main Highway Development LLC to Heafey for $455,000
2008-09-18 Lawsuit filed 
2009-02-19 Final Judgment: $432,084.05 
2009-06-24 Assigned to FANNIE MAE for $0
2009-09-29 Sold for $220,000

DENNIS BEDARD (ATTORNEY FOR PIERRE HEAFEY, GINO FALSETTO AND NATHALIE HEAFEY)

Deutsche Bank National Trust Company (TR) vs. Dennis Bedard
09-86189-CA-05 

Unit A3654, The Grand Condominium
2007-07-11 Sold by Julie Grimes* to Bedard  for $550,000
2009-11-30 Lawsuit filed
2012-12-06 Final Judgment:: $677,837.96
2013-03-29 Sold to Pierre Heafey's Heagrand Inc for $280,000

Residential Credit Solutions, Inc. vs. Dennis Bedard
11-08688-CA-15 

Unit A3655, The Grand Condominium
2007-07-20 Sold by Julie Grimes* to Bedard for $550,000
2011-03-21 Lawsuit filed
2013-05-01 Final Judgment: $611,167.86

2011-3 SFR Venture, LLC vs. Dennis Bedard
11-34768-CA-27 

Condo Unit 206, Grove Garden Residences
2006-12-06 Sold by Main Highway Development LLC for $430,000
2008-11-18 Sold to Bedard in foreclosure sale for $100
2011-10-21 Lawsuit filed
2012-06-08 Final Judgment: $506,172.49
2012-07-31 Sold to Pierre Heafey's Heagrand Inc. for $179,100


*Julie Grimes, allegedly wife of Pierre Heafey, is shown in the public records of Miami-Dade County as a single woman.
Source: Miami-Dade County and State of Florida public records.

I invite your thoughts. Please share your experiences. Heinz Dinter, PhD, HDinter@GrandLifestyle.com

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