Michael Mastoris first met Charles at
the end of 2008, through Robert Ponte, who, with Bob Riverneider,
his partner, was handling an investment for him. At the time,
Michael understood that Charles and Ponte were setting up a company
to help people who were having the same kind of problems he was
experiencing with paying on a loan which had been reasonable when the
economy was on the up tick. But this had changed and Michael had
suffered reverses economically.
One of the things which was going right
for Michael at the time he retained Charles was his investments with
Ponte, this gave Michael a degree of trust which he later realized
was unjustified.
Although the start up company never
materialized Michael was facing foreclosure on his shore house, which
he had owned for over twenty-five years.
Charles seemed confident, outlining his
background and degrees, exuding a cocky assurance when he talked
about the steps they needed to take immediately to save the house
from foreclosure. Michael wrote him a check for $4,000 toward what
would be a total of $10,000 for the shore house immediately.
Now, Charles explained the steps they
would need to take to save the house. This included an assignment of
rights to Lincoln and a Mastoris Trust. The Trust would, Lincoln told Mastoris, ensure Michael's control over his home, leaving Mastoris in control of and all decisions.
Peyton Frieman, who worked for Charles,
flew to New Jersey to complete the paperwork. Immediately completing
the assignment of rights. Later, Peyton also provided Mastoris with
a copy of the draft Mastoris Trust. Although Michael asked about
when this would be completed Charles always put him off.
The Mastoris Trust Agreement was
never finished and filed, as had been agreed. This was entirely due to Lincoln's failure to carry out their original agreement.
But after Charles filed papers the
foreclosure stopped. Charles asserted Mastoris his work was responsible for
this. Now Michael understands the delay by Bank United on foreclosing stemmed from his loan being out of state. Overwhelmed with foreclosures in Florida alone, where they were located, BU did not
follow through on their out of state loans for several years.
It was only years later Michael
discovered the real reason the foreclosure stopped.
In the meantime, in April, 2012,
Michael began experiencing the same problems with his primary home.
Believing Charles had proven his ability, he again trusted Charles to
take care of his primary residence.
Again, Michael paid Charles $10,000. However,
Charles kept demanding more money. Fearful and frantic to keep his home,
Michael began sending Charles $1,000 a week, believing this money
would be used to pay any further expenses related to saving his home, as is
the usual practice in the legal profession.
Mastoris' requests for statements detailing expenses related
to his case were frequently made and never provided.
Later, it became clear Charles
follows a practice of spending every penny he gets immediately on
himself, never retaining money for its intended use or accounting for funds he receives.
Only later did Mastoris learn about Lincoln's spending habits.
In making regular payments while Charles was not actively working on his case Michael thought he was covering future expenses, paying in to a fund to be used when it was needed. This belief rose out of the fact Charles had told him all he was required to pay was $10,000 when Lincoln's work began.
For a year Charles managed to get
delays on foreclosure for the Mastoris home. But after one year, in January of 2014, Michael had to hire a licensed attorney from New Jersey when he learned a Sheriff's sale had been scheduled on his home.
None of the work Charles did had worked but he claimed Mastoris had not paid him for expenses. This was the first inkling Mastoris had that something was very skewed in Charles' approach to his business.
Mastoris asked, again, for an accounting. The responses from Charles deepened Mastoris' concerns.
Not only did Charles again fail to account for the money already paid, he told an astonished Mastoris he was responsible for all the expenses for Charles' legal practice, which included other clients.
From April until May 2012 Mastoris had never
missed giving Charles money. Charles received between $45,000 and $55,000 in funds to be used for work on
the main house.
In the meantime, Charles continually
told him he, Charles, was undervalued and needed more clients. Believing Charles, Michael
tried to find him more clients but was shocked to discover how
Charles treated them.
One wealthy acquaintance of Mastoris was initially
willing to give Charles a retainer of $25,000. Charles demanded
$100,000 for work he normally charged less than $25,000 to complete.
Michael introduced Charles to a
friend of his, Peter Milano, who was having problems with his home as well.
Instead of handling the house Charles signed Peter up to do a
collection on an outstanding debt of $25,000, charging Peter $10,000
and then demanding he, Charles, receive 90% of any money received.
While the case was being litigated
Peter was informed by the judge he could have handled this himself at
no cost. (Peter's story will soon link here.)
Hearing this, Mastoris recalled the many times Charles had attempted to persuade him to file yet another lawsuit. Others also reported this happening with Charles.
At the end of 2013
Mastoris retained his present attorney, realizing if he stuck with
Charles he would lose the house.
Now paying another attorney and having
vastly over paid Charles, Michael cut back on what he was sending
Charles every week. Mastoris actually should have
stopped paying him entirely, he now realizes.
Even though Charles knew perfectly well
he was no longer employed by Michael he complained continually,
demanding Michael pay him the same amount the attorney defending his
main residence was receiving.
Unasked, Charles began sending legal opinions and suggestions to Mastoris' retained attorney. Mastoris commented Charles always wanted to be involved, even when he was entirely unnecessary. None of the papers sent by Lincoln were read because Mastoris' attorney was well aware of Lincoln's reputation.
Despite this, Mastoris continued these
smaller payments until mid May, 2014 out of a sense of compassion for someone he had been working with for several years.
Then, Charles decided to steal the
shore house using the assignment of rights from their original agreement for which he, Charles, had never finished by filing the Mastoris Trust Agreement.
Charles appears to believe this would be acceptable to the court, although Mastoris has, in his possession, a copy of the draft Mastoris Trust Agreement which would have made the theft by Lincoln impossible.
Now more completely considering Lincoln's previous actions Mastoris revisited assertions Charles had made to him.
Mastoris had noticed over the years he and Charles had a propensity to assume money would come to him from any and all projects he was undertaking. This was true even when Charles had nothing to do with such ventures. This was true of a building project in New Jersey, and other projects.
Charles gave a forewarning of his intention to use his failure to finish the Mastoris Trust in an email sent to Mastoris May 14, 2014. This took place two days after Mastoris again sent Charles money.
Abusing the use of the Power of Attorney provided originally had changed months earlier though Mastoris was unaware this was happening.
Lincoln used the argument Mastoris had authorized opening a Westlaw account, for which Charles ran up a bill of $18,000 along with other expenses. In fact, Mastoris knew nothing about the Westlaw account. Charles opened it using the power of attorney Mastoris had given him, never mentioning this to Mastoris.
An examination of the Westlaw Account would show Charles was using Westlaw for all of his legal work while clearly expecting Mastoris to pay these costs in their entirety.
During the time Charles had the case in his hands Charles always told Mastoris he controlled the house and could make all decisions relating to it and its use. Mastoris believed him.
Mastoris had paid to maintain the house and paid all fees related to its use as a matter of course.
The last time he paid Charles was one
week before Memorial Day, about the 12th of May. Soon
after that date, via email dated May 14th, Mastoris was informed he was no longer welcome in his
own house.
On Memorial Day Weekend, a time he and his sons had
always spent at the shore house, the boys were forced to leave when
they arrived to spend the weekend, as usual, with their friends.
Charles was looking for a renter but
was unwilling to do any maintenance. He found renters, but not the
kind of people Michael's neighbors were used to having around, causing Mastoris more problems.
During this time Mastoris learned Charles, who had been staying with an acquaintance in New York City, had been forced to move out because Michael Santomauro, who was renting the apartment, had decided to move out.
Santomauro had left the apartment, returning to his home in North Carolina. He allowed Charles to remain there for what he understood would be a short visit.
While the movers were packing, Santomauro later learned, Charles continually took books and other items out of their hands, claiming these belonged to him. When his furniture and possessions from the apartment in New York arrived in North Carolina Santomauro immediately realized much was missing.
He learned from the movers what had taken place. At about this time the missing items turned up in the Mastoris Shore House. Lincoln had gone there when he was left homeless in New York taking with him multiple bags of items evidently removed from the Santomauro apartment.
Mastoris' long-time agent, Candace Kennedy, went into the shore house, around June 20, 2014, after Lincoln left to stay with a client in Florida, William Todd Overcash. Candace photographed the piles of books and other items littering the place and texted the images to Santomauro, having learned about what was happening from Mastoris.
Informed of the whereabouts of his property Santomauro asked Mastoris to pack these up and return them to him, which Mastoris did. Since Santomauro purchases all of his books online through Amazon he can account for each one of these and for the other items removed from his New York apartment by Lincoln.
Mastoris asked Santomauro contact the local police to ensure there was no legal issue in his going to the shore house to retrieve Santomauro's possessions. Santomauro did so and kept Mastoris updated via texted messages. TEXT - June 13 & 16, 2014.
On July 14th Charles sends an email to Mastoris and his attorney telling them he now has, "a permanent agent of my own in New Jersey now, Ms. Lynn Kennedy."
Charles apparently believes he will prevail in court and be able to keep the house for himself. It was his failing to file the Mastoris Trust which made this possible.
Peyton Freiman was working for Charles when he flew to New Jersey and wrote, at Charles' orders, the draft. Peyton, with Mastoris, expected Lincoln to finish and file it, giving Mastoris control over his own property.
In this letter Lincoln continues to believe Mastoris, who now understands what really happened, would be willing to pay him for more work. This may be a further evidence of his previous brain injury.
More evidence of his irrationality is seen in this statement from the same July 14th E-mail. "
Of course,
you would have to return the outdoor Grill AND MY COLLECTION OF WORLD
WAR II BOOKS which Michael broke in, burgled, stole…. just a couple
of weeks ago, last month."
Charles was well aware the grill belonged to the two Mastoris sons, not Mastoris.
The cited collection of World War II books was removed from the apartment of Michael Santomauro and were his possessions.
Charles arrived in New York with no funds, which is why he begged a place to stay from Santomauro. He had in his possession one bag, filled with his clothing and other necessities, according to Santomauro. But he left the apartment with many bags. These were transported to the shore house by Lynn Kennedy, his agent.
Mastoris entered the shore house his own key, which he had had for over 30 years. This entry had been cleared by the police in advance.
The irrationality exhibited by Lincoln is daunting.
On June 15 - 16, 2014, there was an exchange of texts between Santomauro and Charles. Santomauro texted Charles with the photo of one of the Belstaff bags which had disappeared from his apartment in New York. Charles responded, denying knowing anything about it.
It would be interesting to read the response in deposition from Lynn Kennedy as to what she transported, how much there was and how it was packaged. She may also be aware of the contents.
The next day Santomauro texted Melinda commenting on his missing books and other possessions having been located in the short house. TEXT - June 17, 2014 - From Santomauro to Melinda
The books and other items were transported to Mastoris' home, which is around 45 minutes away from the shore house. There, they were packed up so they could be shipped to Santomauro in North Carolina. If Charles wants to make a police report on this, he is welcome to do so.
Packaging and arranging for these to be shipped via United Parcel Service, took several days, June 20 - July 2nd. These steps are reflected in the TEXT messages between Santomauro and Mastoris.
At this point, Santomauro is content to have retrieved his possessions.
While at the shore house packing up Santomauro's possessions Mastoris noticed paintings and other of his possessions were now missing. He speculates Melvene Lynn Kennedy, acting for Charles, removed these and likely sold them to provide Charles with more money.
Mastoris asked his attorney about removing his possessions and about those items which were now missing. This included several valued paintings and his lawn mower.
Lincoln claimed these were his property, accusing Mastoris of having stolen them from the shore house, which he had stolen from Mastoris.
Disgusted with Lincoln's behavior, Mastoris decided to allow the bank for foreclose on the property and arranged to remove his personal property from the house.
Lincoln protested this attempt, asserting Mastoris had no right to enter the shore house for any reason. June 21, 2014
More threats followed on June 29, 2014.
A lawsuit and various ways to alleviate the harm done to by Lincoln are now in process. See these emails to follow the action. These also appear under Communications
August 6, 2014 12.08 PM - Mastoris to Charlie Lincoln
August 6, 12:45PM - Lincoln to Mastoris, copy to Barry Frost
August 9, 2014 6:47 PM - Charles Lincoln to Mastoris; Barry Frost cc: Melvene Lynn Kennedy, Peter Milano, Alan & Amy Martin
August 09, 2014 11:37 PM - Charles Lincoln to Mastoris, Barry Frost CC Melvene Lynn Kennedy
August 11, 2014 6:42PM - Charles Lincoln to Peter, Melinda & Mastoris
