U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: November 18, 2008 VIA FEDERAL EXPRESS Ms. Heidi E. Brewer Bar Counsel Attorney Consumer Assistance Program The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 Re: Florida Bar File No. 2009-50,532(15C) Dear Ms. Brewer: Thank you for permitting me to respond to the letters submitted to The Florida Bar by Attorney Stuart S. Mermelstein. From the documents that you provided to me, it appears that Mr. Mermelstein faxed letters to two individuals at the Fort Lauderdale Branch of The Florida Bar. The first letter is dated September 18, 2008, and the second is dated September 24, 2008. On September 29, 2008, you wrote to Mr. Mermelstein requiring that he swear to the facts contained in his letters of complaint. Although you letter required that he provide that sworn statement by October 6, 2008, it appears that Mr. Mermelstein signed and faxed that paperwork to you on October 7, 2008. Mr. Mermelstein did not copy me on the correspondence that he sent to you, so I first learned of the Bar Complaint when I received your letter of November 6, 2008. I received that correspondence on November 10, 2008. On No I provided a copy of your letter and all attachments to my direct supervisor, Chief of Criminal Section I, Northern Region, U.S. Attorney's Office, West a m ac orida, by leaving a copy in her internal mailbox. A certification to that effect is enclosed herewith. On November 12, 2008, additional copies were provided to the relevant attorneys in the Miami office of the U.S. Attorney. Mr. Mermelstein's complaint relates to my written victim notifications of the resolution of a criminal investigation that I handled. On September 18, 2008, I sent, via electronic mail, a letter to Ethics Counsel for the Florida Bar seeking guidance on this matter because there were several vi