Purpose

To have executed one charge of felony D theft and two counts of forgery against Ms. Douglas.  I am simply requesting that she have her day in court to account for her actions.

Evidence of theft and forgery – total direct theft to this point of at least $20,533

1.Nine checks totaling $11,083.40 to pay for personal expenses on Ms. Douglas’s credit             cards (Attachment A).  All checks written on the checking account of Robert S. Berry,              MD & Associates, Inc. and signed by Ms. Douglas to pay for her Capital One credit                   cards (numbers provided).
2.Copies of checks indicating double payment for her salary for March 30, April 27, and                May 25 (Attachment B).
3.Check number 1664 for $500 written to Ms. Douglas herself using my signature stamp              which she was not authorized to use.  This represents both theft and forgery                         (Attachment C).
4.Check number 1670 for $500 written to Ms. Douglas using my signature stamp.                       Again, this represents both theft and forgery (Attachment D).
5.Copies of checks 1509 and 1510 from my Patient Organizer Card checking account for              $150 each to pay WB and IA for quilts.
6.Ms. Douglas’s salary was $1,000 every 2 weeks.  We agreed on this when she first                 started and it never changed.  However, she paid herself more than this (at varying                 amounts) through 2001 to the total of $34,150 - $8,150 over salary.  Of course, this                includes the extra payments as detailed in item #2.
7.Miscellaneous – numerous small items some of which we have receipts for which                     neither I nor my wife can remember seeing.  A check to Winn Dixie for approximately              $160 for which there is no receipt.  Another check 1664 for $500 written to her                        supposedly for payment for office furniture (I never knew about this disbursement).
8.Please note that I have yet to examine if there were any discrepancies between daily             receipts from patients and daily deposits.  I suspect as we complete 2000 & 2001                  taxes for RSBMDAI and 2001 taxes for PATMOS we will find more evidence of theft.

Evidence of deceit
1.Payroll checks disbursed to Ms. Douglas in the amount of $34,150 – her W-2 is for                  $32,560. (After she left her employee file was gone, so I do not know the exact figure             – Mr. Kilgore has told me that he has a copy of her W-2).
2.Ms. Douglas was fired on February 14th.  She remained in her house until she moved               to Seattle on June 18th – only about 2 weeks after Mr. Kilgore began interviewing                   her.  The question is – if she did not have anything to hide, why did she feel                          compelled to move so quickly [when she has family remaining here]?  Also, according              to Mr. Kilgore, she had promised to be here.
3.At the end of June, after she had moved, her former husband returned a computer             system that my corporation had purchased for her use.  This computer contained all                 of the financial records of both corporations.
4.I had continually asked her for expense reports.  She never provided a detailed one                 for RSBMDAI.  In addition, many of the bank statements from RSBMDAI were missing               and the ones that were in her filing cabinet did not have copies of the cancelled                      checks.  I had to obtain these from First Tennessee.
5.She falsified information on her resume – for example, she could not have taught                    students from grades 6-12 between 1993-1998 at Such and Such Christian School                    because (according to MOB) the school only went to 8th grade after 1989.  She was                 only a substitute teacher and did not perform any curriculum evaluation or                              purchasing.  (I found this information out only this past week when I belatedly and                 regretfully checked her background from her resume).
6.Her employee file was the only one that was missing when I went through her filing                 cabinet after she left (I realize of course that you would have to take my word for                   this but why else would I have requested her W-2 form from Mr. Kilgore).                               Considering her pattern of deceit in the past, it would be reasonable to accept this                  statement at face value.
7.She applied and received unemployment compensation when I had offered her work                 on a subcontracting basis (this is before I discovered her crimes).

Indirect expenses
1.Because of her theft, we experienced bounced check charges of approximately $3,500              (it was not long after this that I would not permit her to sign checks).
2.I had to pay a 10% penalty for cashing in my retirement (approximately a $3,000                    penalty) early to pay bills at the clinic.
3.I have had to spend over 100 hours so far in collecting and organizing the financial                  information she was responsible for maintaining and for presenting this evidence to                 the detective. 
4.I had to pay for copies of bank statements that were missing. 
5.I am employing people now to provide expense reports that Ms. Douglas was                         supposed to provide but didn’t. 
6.My credit has been diminished because of the bounced checks and my need to borrow             on credit cards.
7.I have had to go deeper in debt on my home equity line of credit.
8.My unemployment insurance rates will probably go up as a result of her fraudulent                  filing.
9.The opportunity costs involved in not having the time or the money to execute the                  business plan for PATMOS EmergiClinic.

Personal issues
1.I considered Ms. Douglas my friend.  I met and hired her while she was attending our               church.  She seemed to believe in what we were doing as much as my wife and I did.               I considered her a key member of our team.  I was reluctant to fire her because she               was my friend.  Even when things were really tight, I gave her four months notice to                find another job.  It was not until her attitude became so bad that I had to fire her                 (her performance evaluations are included).  Needless to say, it was very                               disappointing to find that she had left our books in such disarray and then to discover              that she stole money from me and took my signature stamp out of my desk and used              it for checks written to her.  I felt betrayed.  I had sacrificed quite a bit to start a                   clinic for the uninsured (I had financed it out of my own funds and to this day have                 not broken even).  I believe that the work we are doing is “pure and undefiled                        religion in the sight of our God and Father.”  And she was heartless enough to stay                 around and see all of these bounced checks come in and look my family and me in                   the eye and to continue stealing from us!  Not only this but she actually told me that              she was reducing her pay until I took home a paycheck (please see the                                  communication below).  What kind of person could do this?  Only someone totally                   without a conscience or a soul.  I believe that the nature of her crimes should                         produce outrage from the justice system not roadblocks.  The justice system needs                 to hold her accountable for her actions.  I believe now that I can feel a little bit what             a woman must feel like to be raped.  Since then I have had some difficulty in my own              personal life (such as periodic insomnia and irritability at home).  And this has been                compounded by the manner in which I have been treated by Mr. Kilgore.
2.There are many young people who know that Ms. Douglas stole from me (I have                      shown them the evidence).  Unless she is brought to court, they will be under the                   impression that the justice system does not work and that at least in Greene County               they will not be punished for stealing.  
3.According to some former employees and other members in the community, Ms.                       Douglas made slanderous comments about me.  These people should know what Ms.               Douglas was really like by public notification of her crimes. 
4.She needs to be prevented from repeating crimes like these in the future.


Attachment
                                                                                                                                                    19 AUG 2002

Dr. Robert S. Berry,

This is to document a conversation that I overheard between Dr. Robert S. Berry and Ms. Douglas.  Ms. Douglas had brought some checks on that day for Dr. Berry to sign.  Dr. Berry signed them and then noticed there was not one for Ms. Douglas, and he asked her why.  She stated that there just wasn’t enough money to pay her and pay all the other bills that week.  She further stated that she was going to cut her salary until there was enough money for Dr. Berry to take a salary.  Dr. Berry told her that this was not necessary, but he would allow her to make that choice if she really wanted to do that.

I asked her later how she could afford to live and take a salary cut.  She told me that she had some savings and some investments that would allow her to pay her bills.

Also, Dr. Berry had given me permission to look at any of his books that I needed since I was attempting to provide some ways to cut costs.  However, each time I attempted to look at the books closely, Ms. Douglas always had an excuse of why it was not possible for me to get the information that I needed.  She usually told me that she had been busy, but would promise me that I would receive the information I needed in a few weeks.  I never received the information I needed, and weeks turned into months.  Ms. Douglas was very clever in her responses, and knew how to make excuses sound like the truth.  It is my opinion that the books were never accurately kept from the first day she started working there, and that is why she didn’t want me to see them.  I believe that had I been able to look at the books when I first attempted to, I would have discovered some obvious misappropriations of the funds.

Thanks,
G. Andrew Ammons
President, Earthen Vessels





August 29, 2002
Mr. Stewart Kilgore
200 N. College Street
Greeneville, TN  37745

Dear Mr. Kilgore:

This letter is to inform you that I will not be meeting with you and Ms. Douglas's attorney in September as we had planned.  On August 22, I met with Mr.  Assistant District Attorney, and he advised me that such a meeting would not be to my benefit.  I have decided to follow his counsel. 

As you know, I do not consider this case against Ms. Douglas a civil matter.  She has committed acts of forgery and theft, and thus it should be treated as a criminal matter. Any restitution that she is able to make should be a part of a plea bargain agreement or sentencing arrangement. 

Below are several simple questions for which I would like a written reply from you.  Considering how much time and money I have lost because of Ms. Douglas’s criminal actions, I believe that it is reasonable for me to request that you answer these questions.

1.        Do you have a copy of Ms. Douglas’s Capital One credit card statements for credit card numbers ...3889 & ...9098 as you told me you did in June?  If not, why not?

2.        If you do not have copies of these credit card statements, do you plan to subpoena them?  If not, why not?  She embezzled over $11,000 from one of my corporations by paying off her own credit cards for her personal expenses using Capital One credit cards.  A friend of mine recently told me that you believed that she had paid for corporate expenses with these credit cards.  I asked this friend where the hard evidence was.  He did not know. What we need is hard evidence.  We need to go over these credit card statements line by line and see which if any of these expenses were for the corporation.  Given the history of deception Ms. Douglas has demonstrated thus far (please see attached meeting notes between Mr. ADA and me), I would not trust Ms. Douglas’s word. 

3.        Even if you were doubtful about the level of theft, why didn’t you arrest Ms. Douglas for two counts of forgery using my signature stamp?

I will be expecting a written response from you to these questions in the near future.

Sincerely,
Robert S. Berry, MD



September 13, 2002
Mr. Assistant District Attorney
109 S. Main Street – Suite 501
Greeneville, TN  37743

Dear Mr. ADA:

I would like to thank you for meeting with me on August 22nd concerning theft and forgery allegations against my former office manager.

I would like to report additional theft by Ms. Douglas of approximately $45,000.  Yesterday I had a chance to put all the information from PATMOS EmergiClinic’s daily log of patient receipts on a spreadsheet.  I then compared it to the actual deposits that were made and found that the deposits over the period Ms. Douglas was employed here was about $45,000 less than the receipts.  

Ms. Douglas had the responsibility of making the daily deposits and made practically all of them.  About two-thirds of our receipts are in cash, so it was very easy for Ms. Douglas to abscond with funds.  Although this number might not be exact, I believe that there is no question that Ms. Douglas stole from the deposit on a regular basis.  Some months were worse than others.  In April 2001, for example, we collected over $16,000 in patient receipts but less than $8,000 was deposited.

As I told you, Ms. Douglas left our financial information in complete disarray.  Because she appears to have stolen from us in many ways, I have had to go through each transaction of two corporations and this takes time, especially since I have a practice to run and a profession to keep up with.

I suspect as we continue to prepare our taxes for the IRS, we will find further evidence of theft.  At this point, it appears that her crimes are two counts of forgery and one count of felony C theft (since her theft exceeds $60,000).  I would like to know what you plan to do with this new information.

Thank you again for your assistance in these matters.

Sincerely,
Robert S. Berry, MD





October 2, 2002
Mr. Assistant District Attorney
109 S. Main Street – Suite 501
Greeneville, TN  37743

Dear Mr. ADA:

I would like to report that I have discovered an additional $2,588 theft of my corporation PATMOS EmergiClinic by my former office manager.

As I mentioned in my last letter of September 13th, Ms. Douglas made almost all of the deposits.  She also counted the cash at the end of the day and made out the deposit slips. 

I recently hired someone to add up all payments attributed to cash from our daily patient log while Ms. Douglas was employed here.  I was suspicious that Ms. Douglas had incorrectly added the cash columns after having personally done a random sample of the daily patient logs for January 2002.  

You will find attached the results of our investigation by month.  It should be mentioned that over half of this kind of theft (shorting the cash columns and pocketing the difference) took place in January, the month that I gave her a four month notice that I would have to terminate her employment.  

As I told you, Ms. Douglas left our financial information in complete disarray.  Because she appears to have stolen from us in many ways, I have had to go through each transaction of two corporations and this takes time, especially since I have a practice to run and a profession to keep up with.

I suspect as we continue to prepare our taxes for the IRS, we will find further evidence of theft.  At this point, it appears that her crimes are two counts of forgery and one count of felony C theft (since her theft exceeds $60,000).  I would like to know what you plan to do with this new information as well as the other information I have provided to your office.

Thank you again for your assistance in these matters.

Sincerely,
Robert S. Berry, MD



October 8, 2002
Mr. Berkley Bell
District Attorney
109 S. Main Street – Suite 501
Greeneville, TN  37743

Dear Mr. Bell:

I am a local physician who runs a clinic that serves primarily the uninsured of our community.

I am writing to appeal to you as the District Attorney to compel an investigation and then to prosecute crimes committed against me by my former office manager.  I have substantial and credible evidence that she forged checks using my signature stamp and that she embezzled over $60,000.

I would like to present this evidence to you in person at a mutually convenient time.  My office phone number is 639-9970.

Thank you for your assistance in this matter.

Sincerely,
Robert S. Berry, MD



October 16, 2002
Mr. Stewart Kilgore
200 N. College Street
Greeneville, TN  37745

Dear Mr. Kilgore:

I wanted to let you know that last week I saw the inside of Ms. Douglas’s house with a realtor.  It was in complete disarray as if someone left it in a hurry.  As you recall, it was the first part of June that you began “interviewing” her.  She left town around the middle of June.  The grass has not been cut since then.  It will be very difficult to sell a house in this shape.  I suspect the bank from which she obtained a mortgage will be left holding the bag.  I suspect this bank pays taxes that help to pay your salary.

As you know, her employment with me was terminated in February 2002.  It does seem an odd coincidence that she stayed around that long but left soon after she learned of your investigation.  If she had nothing to hide, why did she feel compelled to leave so quickly and to leave a house that is listed with realtor in shambles?  Why didn’t she try to clear her name of these charges?

Mr. Banker, a friend of yours, tells me that you believed her statement that all of the charges made on her credit card were for the clinic.  Did you ever see the credit card statements?  Did you ever subpoena them?  Seems to be me Mr. Kilgore that she fooled you as well.  Seems to me Mr. Kilgore that you have not done your job.  Will you ever do your job, Mr. Kilgore?

As you know, I now have substantial and credible evidence that she not only committed forgery, but that she embezzled over $60,000 from me – a Class C felony according to what you told me last June.  Does this not justify a little of your time?

Mr. Kilgore, I am not going away. 

Sincerely,
Robert S. Berry, MD



October 23, 2002
Mr. Berkley Bell
District Attorney
109 S. Main Street – Suite 501
Greeneville, TN  37743

Dear Mr. Bell:

Two weeks ago, I wrote you a letter concerning charges filed by me against my former office manager for two counts of forgery and felony C theft.  I have yet to hear from you concerning this letter.  I have included a copy of it in case you did not receive it, and I am sending this one certified with a return receipt to confirm your receipt of the contents of this package.

I have included also all of the communications I have had with Mr. Kilgore and Mr. Assistant DA.  This will document some of the key issues in the investigation.

In summary, I filed charges against Ms. Douglas with Mr. Kilgore on May 17th, 2002 (I remember it well since it was also the same day our clinic was recognized by the Healthcare Hero Cup of Kindness Award for Innovation).  Since that time, he has done very little to investigate these charges.  For example, it appears that he never subpoenaed her Capital One credit card statements for which she used my corporate checking account to pay.  He also has not responded to my letter that she stole approximately $45,000 by repeatedly taking cash from the bank deposits (she made practically all of the deposits).  It does not appear that my meeting with Mr. ADA has done anything to compel a proper investigation of these charges.

As a tax-paying citizen of this town, I believe that your office should defend victims of crime within your jurisdiction.  As I stated in my previous letter, I believe the evidence against Ms. Douglas is substantial and credible.  She should be made to account for her crimes before your office and if necessary before a jury.  I appeal to you to take seriously your responsibility in seeing that this occurs.

Again, I would be happy to present this evidence to you in person at a mutually convenient time.  My office phone number is 639-9970.  Thank you for your assistance in this matter.

Sincerely,
Robert S. Berry, MD



November 6, 2002
Mr. Berkley Bell
District Attorney
109 S. Main Street – Suite 501
Greeneville, TN  37743

Dear Mr. Bell:

Thank you for meeting with my wife and me on October 31st concerning our case against my former office manager for theft and forgery.

As I understand it from the meeting, the following actions are planned:

Mr. Kilgore will be reviewing her credit card information.  I am alleging she used my corporate checking account to pay off over $11,000 in personal expenses she charged on at least two Capital One credit cards.  The credit card account numbers that she put on the checks (copies of which I provided to you in the communication of October 23rd) are ...3889 and ...9098.
At some time in the future, your staff we will be meeting with my wife and me again to review the charges on these two credit cards to determine whether they were for her own personal expenses or for my corporation. 
Mr. Kilgore will be issuing subpoenas for her bank statements as well.
I understand that my allegation of her stealing approximately $47,000 in cash from the deposits might be somewhat more difficult to prove.  However, I believe that it can be done, and I will be glad to present evidence to your office in the future substantiating this allegation once I have collected it all. 

I believe that we should be as diligent as possible in seeing that she gives an account for her actions.  If there is anything else I can do to assist in this investigation, please let me know.  If I am incorrect in any of the information presented above, please let me know.

Sincerely,
Robert S. Berry, MD



November 19, 2002
Mr. Stewart Kilgore
200 N. College Street
Greeneville, TN  37745

Dear Mr. Kilgore:

Thank you for your 20 minute phone conversation with me today.  As I understand it to this point, you have some of Ms. Douglass’s Capital One credit card statements, but you do not have them all.  You have not been able to subpoena them to this point because you actually had to arrest her to do so but to this point there was not enough evidence to arrest her.  With the passage of the new Homeland Security Act, you now have the power to subpoena these documents and you will have the actual forms in the near future.  At that point, it is your intention that you will subpoena all of her Capital One credit card statements and her bank statements.

As I have said in our conversation, I doubt that she will be able to make any restitution.  What I am looking for is that she be made to account for her actions and that I am able to clear my name as well as I can.  Since I was her employer, ultimately I will have to give account for the $47,000 discrepancy in cash revenue and deposits and for the items that were purchased on her credit cards.  I intend to pursue this matter until the end of the road – plea bargain, acquittal, or conviction.  If she is truly innocent of my allegations (which at this point I do not believe), I want to know that too.

If there is anything else I can do to assist in this investigation, please let me know.  If I am incorrect in any of the information presented above, please let me know. 

Again, thank you for your assistance on this case.

Sincerely,
Robert S. Berry, MD



December 18, 2002
Mr. Stewart Kilgore
200 N. College Street
Greeneville, TN  37745

Dear Mr. Kilgore:

This is just another letter documenting your empty promises.  On December 5th you called me and told me that you would be talking with the chief of police about the subpoenas for Ms. Douglas's checking account statements and credit card statements.  You said that irrespective of the results of that conversation you would be calling me again on December 9th to keep me informed of the progress of your investigation.  True to form, you did not make good on your promise.

For the next month, I have some professional obligations I need to attend to so I won’t have time for any more of your antics.  Toward the end of January, I will renew my legal efforts against Ms. Douglas and will insist that you not be allowed to continue as the detective in this investigation.  I will be contacting Mr. Chief of Police directly at that time.

Sincerely,
Robert S. Berry, MD



February 1, 2003
Mr. Stewart Kilgore
200 N. College Street
Greeneville, TN  37745

Dear Mr. Kilgore:

Thank you for discussing the case concerning Ms. Douglas yesterday and for faxing the Offense Report that I filed with you on May 17th, 2002.

As I understand it to this point, you have no authority to subpoena Ms. Douglas’s Capital One credit card statements given the evidence that I have presented to you thus far.  You stated to me that you even discussed this with Judge Wright but that he could not authorize the subpoenas. 

As I have said in our many conversations, I find this hard to believe and will pursue it to the State Attorney General’s office if necessary.  At this point, we seem to be at an impasse until we obtain a copy of her Capital One credit card statements.

I talked with your Chief and he indicated that there was really nothing that he could add to the situation.  He recommended that since I had already met with District Attorney Bell I should continue to do that.  Given his lack of knowledge about the details of the case, he did not think it would be helpful for him to be present at our next meeting.

I will be writing Mr. Bell in the near future requesting an update on the progress of this case and what can be done to secure subpoenas for Ms. Douglas's financial records.

If there is anything else I can do to assist in this investigation, please let me know.  If I am incorrect in any of the information presented above, please let me know. 

Again, thank you for your assistance on this case.

Sincerely,
Robert S. Berry, MD



February 6, 2003
Mr. Berkley Bell
District Attorney
109 S. Main Street – Suite 501
Greeneville, TN  37743



Dear Mr. Bell:

On November 6, 2002, I wrote you a letter concerning action items that resulted from our meeting of October 31 concerning theft and forgery allegations against my former office manager. 

These were the actions summarized in that letter:

Since Mr. Kilgore did not bring her Capital One credit card statements to the October 31 meeting, he would be checking his files to see if they contained this information.  If not, he would subpoena these statements.
Mr. Kilgore would be issuing subpoenas for her bank statements as well, as there is substantial and credible evidence that Ms. Douglas stole almost $50,000 in cash deposits.
It has now been three months since this letter and I have not heard from you concerning these action items.  If possible, I would like to meet with you again in the near future to discuss their progress.

Sincerely,
Robert S. Berry, MD

As of April 23, 2003 I have received no response from District Attorney Bell.



April 9, 2003
Judge Tom Wright
101 South Main Street
Greeneville, TN  37743

Dear Judge Wright:

In early February 2003 I sent you a copy of a letter I wrote to Mr. Kilgore confirming the contents of a phone conversation that I had had with him (a copy of which is enclosed).  He told me that you would not issue subpoenas for credit card statements of my former office manager, Ms. Douglas, who had used my corporate checking accounts to pay for her Capital One credit cards (account numbers ...3889 & ...9098). 

Quite frankly, I do not trust Mr. Kilgore because in the past he has deliberately provided me with misinformation (these lies are amply documented on my website www.emergiclinic.com under the item “Backwoods Justice” should his performance on this case interest you).  Therefore, I have taken it upon myself to present the evidence to you directly because I believe you will find that indeed the evidence I have provided him justifies a subpoena of these credit card records. 

Ms. Douglas was authorized to sign checks on behalf of the corporation.  However, I believe that checks she made out to Capital One were not for corporate expenses but for her own personal expenses, and my accountant tells me I might have to prove this before the Internal Revenue Service one day should they audit my financial records.  If these payments were for her own personal expenses, then she committed theft against this corporation and the Third Judicial District should hold her accountable for her actions. The Internal Revenue Service might have an interest as well in her unreported income. 

Until now, neither she nor her attorney has agreed to release these statements to me.  If she had nothing to hide, I believe that she would have provided me with a copy long ago. I allege also that she has committed forgery and other crimes of theft against me and would be glad to review the evidence substantiating these allegations with you in the near future should you so desire.

Enclosed you will find copies of cancelled checks written to Capital One by Robert S. Berry, MD & Associates, Inc. and signed by Ms. Douglas from First Tennessee Bank account ...3672 and from Bank of Greeneville account ...719.  A summary is provided below. 

                                                    First Tennessee Bank

Check number                        Date                        Amount

1595                                    11/16/00            $  461.98

1652                                    12/26/00            $  454.34

1701                                    01/23/01            $  784.13

1751                                    02/20/01            $  994.16

1800                                    03/30/01            $  773.52

1960                                    07/18/01            $  682.25

2055                                    09/10/01            $1,892.51

2063                                    09/14/01            $1,112.56

                       Total                                    $7,155.45

 

                       Bank of Greeneville

Check number                        Date                        Amount

2002                                    05/08/01            $2,500.00

2003                                    07/18/01            $1,589.93

                       Total                                    $4,089.93           





The total amount she paid on these credit cards using my corporate checking accounts was $11,245.38.  Enclosed you will also find a copy of a payroll check stub from Robert S. Berry, MD & Assoc., Inc. written to Ms. Douglas and a copy of a recent affidavit from First Tennessee to Capital One requesting her credit card statements. 



Judge Wright, I believe that Ms. Douglas committed substantial crimes against me and that the Third Judicial District has not yet done its job in investigating and prosecuting these crimes.  I would appreciate your reviewing the enclosed documents and issuing subpoenas for the release of these credit card statements as soon as possible. 



Thank you for your assistance in this matter.  I trust that you will do what is right.



Sincerely,
Robert S. Berry, MD                                                                              
President & CEO Robert S. Berry, MD & Associates, Inc.



   



April 30, 2003
Mr. Stewart Kilgore
200 N. College Street
Greeneville, TN  37745

Dear Mr. Kilgore:

Last week I had my attorney contact you about the reasons you have yet to subpoena the Capital One credit card statements of my former office manager, Ms. Douglas. 

He told me that it was your understanding that I had authorized her to pay for her Capital One credit card expenses from my corporation, Robert S. Berry, MD & Associates, Incorporated.  This is simply not true.  I wonder how you could have come to this conclusion considering all of the letters I have written you concerning this very issue.

While she was authorized to sign checks on behalf of the corporation, she was not authorized to pay for her own personal expenses from my corporation.  I believe that most if not all of the charges on these credit cards were for her personal expenses.  If they had been for the corporation, then it would seem that she would have sent a copy of these statements to me when I requested them.  

Since by your own admission to my lawyer it seems that you have misunderstood this, I am asking you once again to subpoena her Capital One credit card statements (accounts ...889 & ...9098).  I believe that they will clearly establish criminal intent on her part and provide substantial evidence supporting her other thefts and forgeries.  The phone number of the office at Capital One that handles subpoenas is (804) 968-3435.

Enclosed you will find copies of cancelled checks written to Capital One by Robert S. Berry, MD & Associates, Inc. and signed by Ms. Douglas from First Tennessee Bank account 100633672 and from Bank of Greeneville account 5560719.  Specifically, they are:

                       First Tennessee Bank

Account # 100633672

Check number              Date                 Amount

1595                            11/16/00          $  461.98

1652                            12/26/00          $  454.34

1701                            01/23/01          $  784.13

1751                            02/20/01          $  994.16

1800                            03/30/01          $  773.52

1960                            07/18/01          $  682.25

2055                            09/10/01            $1,892.51

2063                            09/14/01            $1,112.56

                       Total                            $7,155.45



                       Bank of Greeneville

                       Account # 5560719

Check number              Date                 Amount

2002                            05/08/01            $2,500.00

2003                            07/18/01            $1,589.93

                       Total                            $4,089.93



Now that you understand that I did not authorize her to write these checks, I am asking you once again to subpoena copies of the credit card statements for Ms. Douglas’s two credit card accounts listed above from October 2000 to September 2001. 



Thank you for your assistance in this matter.

Sincerely,
Robert S. Berry, MD
President & CEO of Robert S. Berry, MD & Associates, Inc.
President & CEO of PATMOS EmergiClinic



sent certified, return receipt to be signed by Mr. Kilgore himself
Meeting between
Robert S. Berry, MD &
Assistant District Attorney
August 22, 2002