Alan B. Rose, Esq. [email protected] 561.355.6991 505 South Flagler Drive Suite 600 West Palm Beach, Florida 33401 561.655.2250 Phone 561.655.5537 Fax October 18, 2017 RE: ELIOT BERNSTEIN FAMILY Dear Alan B. Rose, As you are aware from our prior correspondences1 and

2 3

, see attached, I represent the

Eliot Ivan Bernstein family, including Joshua (Adult), Jacob (Adult) and Daniel Bernstein (Minor). I have sat back and watched y o u w e a v e y o u r w e b , according to your limited perspective of who was watching your Machiavellian plan to destroy my client and friend. I am counting on timeless truths, of which you clearly are unfamiliar with, I have yet to see come to fruition. You have become so filled with arrogance and pride, you assumed those degenerates (which would never be in the inner circle of a man with integrity) are 1

January 06, 2016 Letter to Alan B. Rose, Esq. http://iviewit.tv/Simon%20and%20Shirley%20Estate/20160106%20Schwager%20Letter%20to%20Alan% 20Rose.docx.pdf 2

December 15, 2015 Letter to Alan B. Rose, Esq. http://iviewit.tv/Simon%20and%20Shirley%20Estate/20151212%20Candice%20Schwager%20Letter%20t o%20Alan%20Rose%20re%20Counsel%20For%20Eliot%20Children.pdf 3

December 15, 2015 Schwager Filing http://iviewit.tv/Simon%20and%20Shirley%20Estate/20151212%20Candice%20Schwager%20Pro%20Ha c%20Vice%20ECF%20Filing%20Stamped%20Copy.pdf

1 of 6

and counted on them to bail you out, but ignored larger dictates that will be your downfall. Those

who set a trap for another will soon fall into it and bigger destruction comes your way because PRIDE comes before a downfall and yours blinds you. You work your angles but oops you forgot that a void order voids every order after it because your mind is reprobate. Your downfall will be your own doing. Mark my work, your downfall and utter destruction is coming. Now, let’s get back to giving you one more chance to turn over every document you are hiding from judges and beneficiaries in your scheme of fiduciary theft. Let me guess--you don’t have a buddy to bail you out of your IRS fraud, which is the same thing that took d o w n much more powerful men than you. But the higher you climb, the bigger the crash, so here's to you because you have dug your feet in so deep and defrauded every court that your life is a

house of cards waiting on one card to be pulled--when it all goes crashing down. So I again give you this DEMAND and if you blow it off, it will be your final bad decision. I request all documents you have in your possession pertaining to any/all beneficial interests any person I have named have in the Estate of Shirley Bernstein and the Trusts of both Simon and Shirley, where Ted Bernstein is acting as Personal Representative and Trustee. Further, I request any information you have on any trusts in Joshua, Jacob and Daniel’s names, whether they be independent trusts or trusts that are part of any other trusts. I will be reviewing the documents and am in the process of forging partnerships with trust counsel locally, whom I have already contacted, to dismantled this fraudulent scheme you have created which cannot help be exposed. You have no basis to threaten me, so don't bother. Most idiots know when they are in too deep, stop digging. You haven’t learned that. The Bible says you will reap ALL YOU HAVE SOWN. I personally think you have been reserved for a huge fall so that the NATION will see you as you are, a lesson of utter depravity to learn what went wrong- - the obvious infiltration of GREED. One more thing, I have fought bigger

and more powerful men than you so if you think you can intimidate me, bring it on. You have sought to twist the knife into clients and friends who are innocent and your payback is coming. You will be silenced soon enough. As you have refused to tender documents in the past to counsel for the beneficiaries on formal request, if you continue to deny my clients rights to the documents I will be forced to pursue the matters. Already, the refusal in the past has caused my clients a wealth of damages and the sooner we have your cooperation the sooner we can begin to resolve the absolute conundrum and financial mess you created.

Tell me? What do you have to hide because you will tell the judge. Who do you think will be

thrown under the bus? I am guessing you. I have come to learn that over the course of the time you have refused me as counsel the documents necessary to represent my clients and legally due my clients--that there has also been a predatory guardianship gained of Joshua, through a Guardian Ad Litem where you knowingly with your client Ted Bernstein and others advanced to multiple courts in pleadings and hearings that Joshua and thereby evaded any adult guardianship proceedings required by law. Further, I have learned that you both are aware that another of my clients, Jacob Bernstein turned 18 years old on January 01, 2017 and despite being legally over at the age of consent, you have continued to make representations to multiple courts in proceedings and settlements that you maintained through this fraudulent GAL--having Joshua’s consent knowing you, nor your client, Ted Bernstein, nor the Guardian Ad Litem Diana Lewis have ever spoken with Jacob or Joshua about any of their beneficial rights or any rights whatsoever. All of this was manipulation and obvious. You have never have their authorization or consent for any action taken on his behalf by you, your client Ted Bernstein and Guardian Ad Litem former Judge Diana Lewis. Despite Cease and Desist letters by my clients Joshua and Jacob it appears Diana Lewis refuses to release her Guardianship over them despite being advised by my clients directly to file for her formal discharge and return all assets over to them and r e p o r t her prior consents she gave on their behalf are frauds on the court. I am aware that my clients Joshua and Jacob Bernstein have notified Diana Lewis, Brian O’Connell, Ted Bernstein and Alan Rose4

and 5

of the fraudulent pleadings claiming he was a

minor when he was not, which led to the improper guardianship of my client Joshua and the

4

July 11, 2017 Joshua Bernstein Cease Desist Letter to Diana Lewis et al. http://iviewit.tv/Simon%20and%20Shirley%20Estate/20170711%20CLEAN%20COPY%20FINAL%20SIG NED%20Joshua%20Bernstein%20Cease%20and%20Desist%20Diana%20Lewis%20re%20Guardian%2 0Ad%20Litem.pdf 5

July 11, 2017 Jacob Bernstein Cease Desist Letter to Diana Lewis et al. http://iviewit.tv/Simon%20and%20Shirley%20Estate/20170711%20CLEAN%20COPY%20FINAL%20SIG NED%20Jacob%20Bernstein%20Cease%20and%20Desist%20Diana%20Lewis%20re%20Guardian%20 Ad%20Litem.pdf

3 of 6

continued predation of both Joshua and Jacob by Diana Lewis in acting as a GAL, Ted Bernstein acting as Fiduciary and Alan Rose acting in a variety of legal capacities and making representations on behalf of them when you knowingly have no legal guardianship over them . I demand that their requests in letters to Diana Lewis referenced and exhibited herein be immediately followed. My clients, who are beneficiaries, believe that Diana Lewis, Ted Bernstein, Alan Rose, Brian O’Connell and Stephen Lessen should all voluntarily notify the courts of the fraudulent pleadings submitted to the courts that led to fraudulent orders gained through these fraudulent claims to the court and others. Notify any/all parties of the improper consents or actions taken on their behalf, including but not limited to, any/all settlements made on their behalf without their consent, any insurance carriers involved in any settlements.

Notify your

insurance carriers that there is both pending and threatened litigation against you by my clients and your firms for these most egregious breaches of fiduciary duties and then voluntarily withdraw from any fiduciary and legal capacities on behalf of any Bernstein Family member in any proceedings, including but not limited to, the Eliot Bernstein family and the Simon and Shirley Bernstein family. PATTERN AND PRACTICE TO IMPUTE LIABILITY IN FEDERAL COURT; Mr. O’Connell and his partner Ashley Crispin and their law firm Ciklin Lubitz Martens & O'Connell who are representing the Estate of Simon Bernstein have also recently been found in a civil case in Federal Court to have been involved in very egregious breaches of fiduciary duties and frauds on an Estate client Oliver Bivins and awarded by a jury over 16 Million dollars of damages, whereby several of the claims made by my clients of civil and criminal fraud and more against Mr. O’Connell et al. are almost identical to those made by Bivens. I would presume that Mr. O’Connell and his firm would immediately withdraw from these matters or that you Mr. Rose and your client Ted would be moving to remove the Ciklin Lubitz Martens & O'Connell firm to protect any parties you are representing in the Bernstein matters as alleged fiduciaries and counsel. I am also aware that Mr. O’Connell has been represented by Mr. Rose in the Bivins matters and this now appears to be a conflict of interest and adverse interest in the Bernstein matters that would require Mr. Rose to further have reason to resign any representations he is making in any Bernstein family matters due to this additional conflict of interest.

4 of 6

Finally, I am aware that my clients, Joshua, Jacob and Daniel have several trusts that originated with the Stanford Trust Company, which was part of the Sir Allen Stanford Ponzi schemer’s empire of companies and that those trust assets were then transferred to JP Morgan and Oppenheimer Trust Company of New Jersey and the Oppenheimer Trust Company of Delaware and managed in part by former employees of Stanford. I am aware that Eliot Bernstein has filed papers in the Allen Stanford action ongoing in the Texas courts and in this regard I am demanding that any records that either of you have pertaining to Stanford, JP Morgan and Oppenheimer Trust relating to my clients trusts be turned over as well. Please include all information on any alleged settlements made with any parties related to Stanford in the Simon and Shirley Estates and Trusts, as we are considering additional legal actions in the Texas courts as well, including but not limited to, parties involved in the Florida and Illinois actions ongoing. In addition to sending me the files please make a copy to deliver to Joshua, Jacob and Daniel at 2753 NW 34th Street, Boca Raton, FL 33434. One copy for them will suffice. YOU WOULD DO WELL TO STOP THE GAMES BECAUSE FEDERAL JUDGES DON’T BUY THEM. This is your chance to make restitution and stop deceiving judges who are likely to throw you under the bus when it all hits the fan. I would prefer amicable resolution but you prove you don’t. I am giving you 72 hours to turn it over unless you can do it in 24. And don’t you worry, we have a team so you don’t have cause to wonder about how it will happen. One more thing, this is one more chance of mercy not a threat. If you don’t, it’s up to you. But I do not consider your spider web of fraud on the court and manipulation wise or sane.

ONE

MORE THING: THIS IS YOUR THIRTY DAY NOTICE OF OUR INTENT TO FILE CLAIMS AGAINST YOU FOR FIDUCIARY THEFIT AND FRAUD ON THE COURT AND MANY OTHER CLAIMS THAT I’D LIKE TO LEAVE YOU TO IMAGINE IN HORROR. We have sought to be reasonable. If you are capable, it is time to stop, because or else it’s going to be bad for you.

Respectfully, __________________________ Candice L. Schwager SCHWAGER FIRM 5 of 6

362 GULF BREEZE PARKWAY #253 Gulf Breeze, Florida 32561 TeL 832.315.8489 Fax:. 713.456.2453 [email protected] RRS/cs

6 of 6