On 05/27/2020, Lee County Sheriff Office transferred $ 15,000.00 from the Lee County Sheriff Office Forfeiture Funds to Compassionate Cops Inc. which is a company whose officers are listed as Carmine Del Aquila as (President) and a citizen of Lee County Florida, Attorney Abbi Smith as (Director and Vice President) currently an employee of the Lee County Sheriff Office, John Holloway as (Secretary) a currently an employee of the Lee County Sheriff Office as Chief of Operation. Previously, Interim Sheriff Carmine Marceno served as President of Compassionate Cops Inc.

Can funds from the Lee County Sheriff Office be donated to a company that is under the control of members of the Lee County Sheriff Office at the highest levels?

HISTORY

On 03/25/2019, Compassionate Cops LLC was registered with the State of Florida as LLC and John Holloway was listed as the Registered Agent with an address of 6792 Compton Lane North, Naples, Florida. Compassionate Cops LLC listed the following individuals as having an interest in the company (LLC):

John Holloway  (Chief of Operations Lee County Sheriff Office)

Carmine Marceno (Interim Sheriff Lee County Sheriff Office)

Carmine Dell Aquila (Citizen Lee County)

(Exihibit 1)

On April 5, 2019 documents were filed with the State of Florida and the Compassionate Cops LLC was dissolved. On April 8, 2019 Compassionate Cops INC was established. Articles of Incorporation (Exhibit #2) indicate the following as Officers:

President

Carmine Del Aquila

22220 Red Laurel Lane

Estero, FL 33928

Vice President

Carmine Marceno

14750 Six Mile Cypress Parkway

Fort Myers, FL 33912

Secretary

John Holloway

6792 Compton Lane North

Naples, FL 34104

On July 10, 2019 an amendment (9000003736) by John Holloway in which Carmine Marceno was removed as President and Vice President of Compassionate Cops INC. (Exhibit #3) and Abbi J. Smith an employee with the Lee County Sheriff Office was appointed as Director and Vice President of Compassionate Cops INC.

On 05/272020 the Lee County Sheriff transferred $ 15,000.00 from the Forfeiture Funds of the Lee County Sheriff Office to Compassionate Cops Inc of 6792 Compton Lane North, Naples, Florida 34104.

Transaction

On 05/27/2020, the Lee County Sheriff Office issued a check for the sum of $ 15,000.00 to Compassionate Cops Inc. located at 6792 Compton Lane North, Naples, Florida. The description of this transaction was described as “Donation Compassionate Cops For Support”. A To/From letter attached to the Purchase Order stated, “Please generate a donation check from forfeitures to Compassionate Cops to support their crime prevention program”.

Florida State Statue 932.7055[2] deals directly with the seizure of personal property by a Law Enforcement Agency and the approved method of disbursement of the property seized. In part FSS 932.7055 which states the following:

932.7055 (C) 1: Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate.

These actions are at best unethical and very well may violate the intent of the Florida State Statue. Having funds diverted from the budget of the Lee County Sheriff Office to an incorporated company owned and operated by ranking officers should be a great concern. The optics alone show poor judgement of conduct.

There also are other events in which Lee County Sheriff Office Forfeiture Funds may have been improperly used and being reviewed in the context of FSS 932.7055.  

The State of Florida Attorney General (Exhibit #5) provided guidance relating to this issue. Opinion (78-151) states the following:

"A sheriff is not authorized by law to receive in his official capacity, process through his official accounts and records, and disburse on official checks private dues or membership payments and contributions or donations to private institutions; nor may a sheriff deposit such private funds in or commingle such private moneys with the public funds of the office, or with other official collections of the sheriff held in the statutorily required depository trust account of that office; nor may a sheriff incur expenses against or use the funds, facilities, personnel, equipment, or property of the office for such private functions and purposes."

Source of buisness information located at:

https://search.sunbiz.org/Inquiry/CorporationSearch/ByName