District Court Counterclaims Case
AI overview and allegations summary: Case No. 16-2022-CC-006371
Based on the allegations, Lisa Stewart could indeed face serious civil and criminal
consequences if found liable in civil court or guilty in criminal court, if prosecuted. Here’s an overview of the allegations against her and the possible penalties for each:
Allegations Against Lisa Stewart
1. Financial Misconduct, Fraud, and Embezzlement
Stewart is accused of engaging in financial mismanagement, including:
Facilitating or concealing improper payments and overbilling by third parties,
including allowing unauthorized reimbursements and expenditures related to personal properties.
Misleading the church and the Weems about financial records, resulting in harm to the church’s finances.
Allowing Kevin Cormier, a trustee, to submit false invoices and overbill for
construction and management services, which were allegedly supposed to be donated.
Potential Violations:
Fraud: If Stewart knowingly participated in or facilitated deceptive financial
practices, she could face charges of fraud, particularly if there was intent to deceive or cause financial harm.
Embezzlement: Any unauthorized diversion of funds for personal gain or
knowingly approving fraudulent expenditures could result in embezzlement charges.
Breach of Fiduciary Duty: As a church officer, Stewart had a duty to act in the
best interests of the church and its stakeholders. Her alleged actions could be seen as a breach of fiduciary duty if she mismanaged church funds or acted in ways that were self-serving or harmful to the church.
2. Civil Conspiracy to Defame
The Weems allege that Stewart played a significant role in planning, drafting, or disseminating the April 2022 “Report of Investigation,” which allegedly contained false and defamatory statements. The report was purportedly intended to damage the
Weems’ reputations.
Potential Violations:
Defamation: If Stewart knowingly contributed to the publication of false
information about the Weems, she could be held liable for defamation.
Civil Conspiracy: If Stewart worked with other church leaders to harm the
Weems through a defamatory report, she could be implicated in a civil conspiracy.
3. Breach of Fiduciary Duty
Stewart is alleged to have breached her fiduciary duty to the church by:
Engaging in or allowing actions that were financially detrimental to the church.
Allowing the misrepresentation of church finances and approving improper financial transactions.
Failing to separate AWKNG organization funds from the church’s finances as
instructed, allegedly to retain control over funds and to present misleading financial statements.
Potential Violations:
Breach of Fiduciary Duty: Stewart’s role as CFO entailed a duty to manage
church finances responsibly. If she knowingly misrepresented financial data or mishandled church funds, she could face civil liability for breach of fiduciary duty.
4. Tortious Interference with Business Relationships
Stewart is accused of supporting actions that interfered with the Weems business opportunities and financial partnerships. Allegedly, her actions discouraged potential donors and partners from associating with the Weems.
Potential Violations:
Tortious Interference: If Stewart’s actions intentionally disrupted the Weems existing or prospective business relationships, she could face liability for tortious interference, especially if it caused the Weems to lose business opportunities or other financial support.
5. Retaliatory Termination and Wrongful Suspension
The Weems claim that Stewart was part of an effort to suspend and remove Pastor Weems from the church under false pretenses. This effort allegedly included revising church bylaws to facilitate his removal.
Potential Violations:
Retaliatory Termination: If Stewart was involved in a scheme to wrongfully
suspend or terminate Pastor Weems in retaliation for raising concerns about financial practices, she could face civil liability for retaliation.
Constructive Dismissal: Stewart could be liable for constructive dismissal if she created or supported intolerable working conditions that forced Pastor Weems to resign.
Civil Penalties and Damages
If Stewart is found liable in civil court, she could face significant damages, including:
Compensatory Damages: Intended to cover the Weems’ actual losses:
Economic Damages: This would include losses related to business disruptions, lost donations, legal expenses, and financial harm suffered due to Stewart’s alleged misconduct.
Non-Economic Damages: These damages might include compensation for
reputational harm, emotional distress, and other non-economic impacts resulting from Stewart’s actions.
Punitive Damages: Given the alleged intentional nature of Stewart’s conduct, she could be subject to punitive damages. In Florida, punitive damages can be up to three times the compensatory damages or $500,000, whichever is greater. If Stewart’s actions are proven to be particularly malicious or egregious, the cap may be lifted.
Defamation and Civil Conspiracy Damages: If Stewart is found liable for
defamation and civil conspiracy, she could face additional damages related to the impact of the defamatory statements on the Weems’ reputations, as well as any financial losses that occurred due to these statements.
Breach of Fiduciary Duty: Stewart’s breach of fiduciary duty could result in
significant financial penalties, including liability for any losses incurred by the church and the Weems as a result of her actions. She could also face additional damages for any self-dealing or financial mismanagement.
Legal Fees and Costs: If the Weems succeed, Stewart could be ordered to cover their legal fees and court costs, which can be substantial in complex cases involving multiple allegations, such as fraud and fiduciary breaches.
Criminal Penalties
If authorities pursue criminal charges against Stewart and she is found guilty, she could face severe penalties, including:
Fraud: If Stewart’s actions are proven to involve intentional deception for financial gain, she could face criminal fraud charges.
Fines: Criminal fraud charges can carry fines of up to $10,000 or more,
depending on the scale of the fraud.
Imprisonment: Criminal fraud charges in Florida can result in sentences of 5 to 15 years, depending on the severity of the offense and whether it is classified as a third or second-degree felony.
Embezzlement: If Stewart is found to have diverted church funds for unauthorized use, criminal charges for embezzlement could apply.
Fines: Embezzlement fines can reach up to $10,000 or more, depending on the amount embezzled.
Imprisonment: Embezzlement charges can carry prison terms up to 30 years for a first-degree felony if significant sums of money are involved and the actions are deemed severe.
Civil Conspiracy Leading to Criminal Charges: If Stewart participated in a
conspiracy to commit fraud or other financial crimes, conspiracy charges could also apply.
Fines: Conspiracy fines are often added to the fines for the underlying crimes.
Imprisonment: Criminal conspiracy charges can result in sentences up to or
beyond those of the underlying crimes if she is found to have played a significant role.
Unauthorized Computer Access and Privacy Violations:
If Stewart accessed or disseminated the Weems private information without authorization, she could face charges related to invasion of privacy or unauthorized access.
Fines: Fines for unauthorized access typically range from $500 to $5,000.
Imprisonment: Depending on the severity, unauthorized access or privacy
invasion charges could result in up to 5 years in prison if deemed a felony offense.
Additional Consequences
Restitution Orders: In criminal cases, courts often require defendants to pay
restitution to the victims. If Stewart’s actions caused financial harm to the Weems or the church, she could be ordered to make restitution.
Civil and Criminal Records: Civil judgments and criminal convictions would result in permanent records that could affect Stewart’s future professional and personal opportunities.
Professional Consequences: As a result of any civil or criminal findings, Stewart’s professional reputation would likely suffer severe damage. This could impact her future ability to hold roles in nonprofit organizations or church leadership, and she may face difficulties in securing any trust-based positions.
Summary
If Stewart is found liable or guilty, she could face **substantial civil damages**, including compensatory and punitive damages for economic losses, emotional distress, and reputational harm, as well as legal fees. Criminal charges could lead to **severe finesand up to 30 years in prison** for fraud, embezzlement, or conspiracy, depending on theextent and nature of the charges. Additionally, her future in church leadership and otherprofessional opportunities could be permanently affected by these civil and criminaloutcomes.
Comments