09-24-2006, 03:36 PM
Strip club case exposes deputies
DUANE MARSTELLER
Herald Staff Writer
MANATEE - What began as a citizen's complaint has mushroomed into a wide-ranging investigation that could become among the worst police corruption scandals in area history.
The probe has uncovered a laundry list of allegations - including bribery, operating a protection racket, dealing in stolen property, destroying evidence and tax evasion - against former or current Manatee County sheriff's deputies and numerous others, according to documents obtained by The Herald.
So far, two former Manatee deputies have been arrested, another three deputies in Manatee and Sarasota counties have resigned, and as many as a dozen others could face charges or disciplinary action. Almost 30 civilians also have been implicated, although some already have been offered immunity for cooperating with investigators.
At the storm's center: Cleopatra's Gentlemen's Club, a northern Manatee strip bar that was a frequent hangout for many of the deputies.
Authorities declined to comment, saying the case remains under investigation.
An attorney for one of the arrested deputies called the investigation a "massive waste of taxpayer money," because only two people have been charged. And those deputies are contesting the charges, saying undercover officers entrapped them and they didn't commit a crime.
But hundreds of pages of documents recently made public show how the probe began, unfolded and expanded well beyond the scope of the initial complaint.
The investigation stemmed from a local man's efforts to investigate his sister's drug-related death.
The man, Jacques Ouellette, went to Cleopatra's, where his sister worked, in hopes of getting more information in July 2005, according to a sheriff's detective's report. A club employee later called him and made arrangements to meet at her home later, but when he arrived she didn't answer the door.
Ouellette reported he then received a telephone call from Charles Elsenheimer, a Manatee sheriff's patrol deputy at the time, according to the report. Elsenheimer said he was a plainclothes detective who worked in a special unit that specializes in violent crimes, Ouellette reported.
But that apparently wasn't why Elsenheimer was calling.
"Elsenheimer told him that he is friends with the owner of Cleopatra's and they don't like people snooping around or causing problems up there and that he handles things for them from time to time, checking people out and trying to keep the riff rafr (sic) out of the club," the detective wrote.
The call frightened the man, who believed that Elsenheimer was working for the club, and he later reported it to authorities.
Manatee detectives recruited two Hillsborough County sheriff's detectives for an undercover investigation, which began when they entered Cleopatra's on Aug. 27, 2005. That first night, five club employees solicited them to buy drinks for them, in violation of state law.
Those would be the first of numerous crimes, many of them covertly recorded, the officers said they saw at Cleopatra's in the ensuing 11 months.
Deputy 'worked' at club
The undercover officers, who went by the pseudonyms of "Hank" and "Tony," first saw Elsenheimer at Cleopatra's the next night. The Manatee deputy was seen behind the bar at the cash register and going into the club's private office several times.
"It appeared as if Elsenheimer was working at Cleopatra's," detectives later wrote in an affidavit seeking a warrant to search the club.
Derek Byrd, Elsenheimer's attorney, said that's not the case. While Elsenheimer might have helped out, he was never paid, the attorney said.
"There's no evidence that he received any payment," Byrd said. "If anything, he was a frequent, preferred customer."
During a return visit on Sept. 2, the Hillsborough deputies again reported seeing Elsenheimer running the cash register. After 2:30 a.m., when bars in Manatee are supposed to stop selling alcohol, the undercover officers and other patrons ordered and were served drinks, "in plain view of Deputy Elsenheimer, and he took no action to stop it," the affidavit said.
Not only did Elsenheimer look the other way, he also participated by directly selling alcohol after-hours to Hank and Tony the next night, the affidavit said. Byrd disputes that, saying Elsenheimer merely gave Tony a drink and did not sell him one.
In later interviews with investigators, Cleopatra's employees said soliciting customers for drinks and operating beyond legal hours were common practices at the club.
"While you worked there, did you serve liquor after 2:30?" a detective asked Patricia O'Hara, the club's former general manager.
"Consistently on Fridays and Saturdays," she replied.
"Okay, and why is this done?" the detective asked.
"Because it was done, it has been done for almost 10 years I would say," O'Hara said.
She and other employees said the direction to break the law came from the top: Mark Shepard, the club's owner. They said they believe the club was not cited for the violations because of the frequent presence of Elsenheimer and several other deputies.
In all, the undercover officers said they witnessed and documented at least 76 violations of state alcohol laws. But the investigation's focus remained tightly on Elsenheimer.
Focus on Elsenheimer
Throughout September, the undercover detectives - especially Tony - cultivated a friendship with Elsenheimer at Cleopatra's. They talked about their jobs - Tony's cover was that he was a ship's captain - the Tampa Bay Buccaneers and goings-on at the club, among other things.
In the early-morning hours of Oct. 2, Tony asked Elsenheimer for a favor to test the deputy's integrity.
"Charles entered the establishment, came up and greeted writer, at which time writer asked him to do writer a a (sic) favor as there was a guy at the docks in Tampa selling liquor very cheap and writer wished to purchase it," Tony wrote in an investigative report.
"Writer advised Chuck that writer wanted the guy checked out. Writer gave Chuck a piece of paper with the tag number on it. Chuck stated he would get back to writer with all the information."
Two days later, investigators secretly installed a tracking device on Elsenheimer's patrol car and began monitoring his movements.
On Oct. 9, Elsenheimer ran the license plate number through his patrol car's computer and told Tony later that day "it would be okay for the undercover officers and the man to do business," according to the search warrant affidavit.
Byrd said Elsenheimer didn't break any laws when he checked the tag through the state's Driver and Vehicle Information Database. Once he got a name, Elsenheimer used his home computer to access publicly available Web sites to check the guy's background, Byrd said.
"It's not illegal," the attorney said. "If it was they would have charged him with it."
Byrd also said Tony never told Elsenheimer the alcohol was stolen. Instead, Tony said he transported liquor and was allowed to buy alcohol at cut-rate prices.
Tony showed his appreciation for the information on Oct. 14, giving Elsenheimer a bottle of Bacardi rum.
"(F)or you checking them out that's for you, that's free," Tony told Elsenheimer, according to a transcript of the recorded conversation.
"Cool," Elsenheimer replied.
Five days later, Elsenheimer's involvement in the purported stolen-liquor racket deepened and for the first time included his cousin, Gary Harrison, also a Manatee sheriff's deputy. In a recorded telephone conversation, Tony told Elsenheimer that he was "gonna go through they guy that, uh, skemmed (sic) that liquor. Do you want any?"
Elsenheimer: "Uh, another bottle of Barcardi (sic) would be super."
Tony: "You want a bottle of Barcardi (sic)?"
Elsenheimer: "Yes sir."
Tony: "All righty, uh, and your . . . anybody you trust want anything?"
Elsenheimer: "Um, I forgot to ask my cousin um, he drinks the same thing I do so if you want to get two that would be fine. I, I (inaudible) for both."
Tony delivered both bottles to Harrison at Cleopatra's on Oct. 22. Harrison paid $7, about a third of retail value, for each.
Investigators later recovered the empty bottles, which were uniquely marked, from Elsenheimer's garbage. On Oct. 26, Elsenheimer's superiors told him he would be pulled from patrol duty and transferred to a front-desk job.
The deputy's response was that he was going to take a week's vacation.
Buying booze
Within weeks, Elsenheimer was ordering cases of liquor for himself and Cleopatra's, investigators said.
During a Nov. 5 surveillance operation, Elsenheimer was seen unloading a case of allegedly stolen liquor from Tony's car into his personal vehicle in Cleopatra's parking lot.
Later that day, Elsenheimer told another deputy that he had discovered the tracking device on his patrol car. The device was removed three days later.
In the month they tracked Elsenheimer's movements, investigators noted he went to Cleopatra's six times. He also went nine times to the home of Edward Falcone, then a Sarasota County sheriff's deputy. Also living in the house: John Serendensky, also known as John Vitolano and "Italian John," who was facing fraud, conspiracy, money laundering and racketeering charges in New York at the time.
In February, Serendensky pleaded guilty and was placed on five years' probation, according to court records. Cleopatra's employees later identified him as the club's general manager. His appearance in the investigation drew the FBI into the case.
During a Nov. 9 telephone conversation with Tony, Elsenheimer ordered five cases of liquor and was overhead discussing the order with an unknown person in the room. Tony, briefly accompanied by an undercover FBI agent, delivered the alcohol to Elsenheimer at Cleopatra's two days later.
During the delivery, Tony mentioned he wanted to get a gun but wasn't sure how to do it because he was a Canadian citizen. Elsenheimer said he would help.
"I'll tell you when the next gun show is. I'll tell you who to go to and get it to you," Elsenheimer said, according to a transcript of the recorded conversation. "This guy don't ask for driver's license."
Byrd said he hadn't heard of that before, but said "it might be considered unprofessional in his job, but it's certainly not illegal."
Investigators later discovered that Elsenheimer ran the undercover FBI agent's license plate twice on Dec. 6. Both times, the plate number came back as "does not exist" - a tip-off that it might an undercover law-enforcement vehicle.
Second club got booze, too
Over the next several weeks, investigators twice videotaped Elsenheimer loading allegedly stolen liquor into his personal vehicle at Cleopatra's. They also recorded him placing liquor orders for himself and Cleopatra's while on duty.
During a Dec. 8 phone call, Elsenheimer ordered four cases as he worked at the sheriff's office's front desk.
"Yeah, that's, yep, now that's for the club. Those cases," Elsenheimer told Tony, according to the transcript.
Elsenheimer also gave Harrison's cell phone number to Tony, who called and left a message to call back if Harrison wanted to order any liquor. It's unclear whether Harrison returned the call.
The alcohol was delivered the next night, after Serendensky and the undercover detectives met inside Bliss Cabaret, a Clearwater strip club. The men later left and arrived at Cleopatra's, where they met Elsenheimer; the deputy later was videotaped unloading the liquor into his personal vehicle.
O'Hara, the club manager, gave Elsenheimer the money to buy the alcohol, detectives said.
On Dec. 2, the undercover officers reported they met with Elsenheimer, O'Hara and Shepard.
"The owner thanked the undercover officer for all that he was doing for Cleopatra's," the search warrant affidavit said. "Shepard then informed the undercover officer that Elsenheimer would be handling the purchase of the alcohol for Cleopatra's. Shepard stated that he wanted to keep it as simple as possible."
In a clue that Elsenheimer might have become suspicious, he ran the undercover detectives' license plates on Dec. 10. Both came back as being registered in the detectives' fictitious names, but no driver's license information was available.
On Dec. 23, investigators recorded Serendensky taking liquor from an undercover detective's car at Bliss Cabaret, putting some in his girlfriend's car and taking the rest inside the strip club. The detectives later said Serendensky bought the liquor while inside the club.
Drug dealing alleged
The investigation broadened beyond alcohol in late January when detectives interviewed Dean Roller, a self-professed cocaine dealer who is awaiting sentencing on racketeering, drug and theft charges.
Roller told detectives that he sold cocaine inside Cleopatra's for several months in 2005 with Elsenheimer's tacit knowledge and help.
"He would just make sure everything was okay and make sure I didn't mess with people I shouldn't mess with, you know," Roller told detectives during the Jan. 26 interview.
"Like if there was somebody that might have been a cop he would have told you or something?" a detective asked.
"Yeah, he always, he always told me watch out for this or watch out for that," Roller replied.
"And he would say that . . .," the detective said before Roller interrupted.
". . . and he'd say, this is one of the things he says if you ever need me just let me know if anybody owes you any money. I'll put the heat on them, make them pay you," Roller said.
Roller also claimed to have given Elsenheimer $500 in a Cleopatra's bathroom in July or August 2005. Roller said the money was a thank-you for busting a rival drug dealer whom Roller said had shot him previously.
"I figured he saved, you know, he save me a bunch of money by taking him off the streets," Roller told investigators.
Roller later was among more than a dozen people charged in a ring that stole items from construction sites, sold or traded them for illegal drugs, then sold the drugs for a profit. He answered investigators' questions in hopes of getting a lighter sentence on those charges, according to a transcript of the interview.
That alone makes Roller's statements suspect, argued Byrd.
"Dean Roller at that time was trying to do everything he could to protect himself," he said. "People in that situation will do everything they can to make it look better for themselves. I put zero credibility in a drug dealer's statements."
More customers for booze
Meanwhile, the alcohol sales continued and others wanted to get in on the action.
Elsenheimer introduced the undercover officers to his brother, George, during a Jan. 27 meeting at Cleopatra's. George told the undercover officers that he "was an enforcer for the Crazy Horse motorcycle gang" and that "he would be purchasing represented stolen liquor from them in the near future for the motorcycle gangs (sic) clubhouse," according to a detective's report.
A week later, on Feb. 3, the undercover detectives asked Elsenheimer to check another license plate. The detectives said the plate belonged to a man who was having sex with one of the detective's underage daughter, and wanted to know who he was so they could send someone to beat him.
"Elsenheimer responded by saying he would be unable to run the tag as Internal Affairs was presently watching him," according to a detective's report. "However, he stated Gary or Josh would run the tag for him and that he was supplying them with that information in the near future."
Gary was his cousin; Josh was Joshua Fleischer, also a Manatee sheriff's deputy. But it was Falcone, the Sarasota deputy, who later checked the tag, records show.
On Feb. 12, Elsenheimer paid the undercover officers $795 cash for 10 cases of liquor worth more than $1,600. During the transaction, which was attended by Harrison, the detectives asked if Elsenheimer's brother still was interested in buying stolen alcohol.
The undercover officers learned that George Elsenheimer once had been arrested by another deputy on domestic battery charges.
"(Charles) Elsenheimer stated that his brother was in possession of a small amount of marijuana and cocaine, which had been found in a small tin box on George's person," a report said. "Elsenheimer states he was contacted by the deputy and that he went and met him. At which time the drugs were given to him. Elsenheimer stated he got rid of the narcotics and that his brother was not charged with possession of the drugs."
A records check showed George Elsenheimer was arrested on domestic battery charges in 1999.
Byrd said he was not aware of that allegation, but said he believed time had run out to prosecute.
Elsenheimer's last alcohol purchase was on March 21, when he paid $540 for five cases of liquor worth $1,148.
During an April 16 visit to Cleopatra's, the undercover detectives reported that two Manatee deputies took over management and/or security duties at the club after Elsenheimer and Harrison left. One of those deputies was identified as Brian Hall; the other deputy was not identified.
By then the investigation had broadened again to include other possible crimes and another Sarasota deputy, according to records.
An FBI agent told investigators on April 18 that Deputy Alfred Ainscoe owned a vehicle involved in insurance fraud. The agent also said a Ferrari in the case was owned by a Jensen Beach man. Neither has been charged.
Raid at club
On July 25, authorities raided Cleopatra's and arrested Elsenheimer and Harrison. The same day, Ainscoe and Falcone resigned from the Sarasota sheriff's office. The reason for their resignations has not been disclosed.
Elsenheimer faces 13 counts of dealing in stolen property, Harrison two counts. Both also resigned the day they were arrested and have pleaded not guilty.
O'Hara, Serendensky, Shepard and others affiliated with Cleopatra's have not been charged, nor have any other deputies.
In later interviews, several Cleopatra's employees and deputies said Elsenheimer, Harrison and other off-duty deputies frequently got free admission and drinks at the club. The deputies said they didn't think it was because of their jobs.
"I thought it was because I knew, I was friends with Elsenheimer and he knew the owner," said Deputy Dan Martin, who acknowledged getting free drinks.
That violates a long-standing sheriff's office policy, which was emphasized in a July 2004 memo that specifically warned deputies not to accept free admission or drinks at adult-entertainment establishments. Employees said Elsenheimer was considered the club's "handyman" and had been getting free drinks at Cleopatra's for as many as nine years.
The deputies' frequent presence gave Cleopatra's a reputation as being a safe haven from criminal activity, several employees said.
"I was under the impression from everybody's general attitude that we were covered by the blue blanket," Terri Peters, a bartender, told investigators.
Several deputies also said the club sometimes called their personal cell numbers to report disturbances or other problems. Martin said he received several such calls, and Fleischer admitted he sometimes put a different address than Cleopatra's - 3824 U.S. 41 N. - on reports when he responded to calls there.
"I guess Mark was having some problems with the county, or . . . something, there was something going on and he was worried about the amount of times that we were called out there for calls of service, um, and Chuck, John both asked you know, if we got phone calls you know, sign out at 3900 41 or something like that," Fleischer told investigators.
Martin was admonished for employee misconduct, and Fleischer cited "personal reasons" in resigning from the sheriff's office on Sept. 8.
Another deputy, Barrett Biggs, was re-assigned to the Manatee County Jail's farm operation for his association with Cleopatra's. Several employees said Biggs, like Elsenheimer and Harrison, had access behind the bar, to the club's office and the strippers' dressing room.
Several other deputies also have been questioned about their affiliations with Cleopatra's.
O'Hara also said it was common practice for the club to pad customers' bar tabs, especially if they were paying by credit card. She and two bartenders said drinks customers bought for employees were frequently non-alcoholic, but the customers were charged as if the drinks contained alcohol.
Employees also said they frequently were paid in cash but did not receive tax forms.
So far, none of those allegations have resulted in any known charges other than those against Elsenheimer and Harrison.
Attorney Byrd said he believes there won't be more.
"I believe they thought they were going to get a lot more than they came up with," he said. "They spent hundreds of thousands of dollars, had two officers working full time on this for months, and this is all they've got? It's a massive waste of taxpayer money."
DUANE MARSTELLER
Herald Staff Writer
MANATEE - What began as a citizen's complaint has mushroomed into a wide-ranging investigation that could become among the worst police corruption scandals in area history.
The probe has uncovered a laundry list of allegations - including bribery, operating a protection racket, dealing in stolen property, destroying evidence and tax evasion - against former or current Manatee County sheriff's deputies and numerous others, according to documents obtained by The Herald.
So far, two former Manatee deputies have been arrested, another three deputies in Manatee and Sarasota counties have resigned, and as many as a dozen others could face charges or disciplinary action. Almost 30 civilians also have been implicated, although some already have been offered immunity for cooperating with investigators.
At the storm's center: Cleopatra's Gentlemen's Club, a northern Manatee strip bar that was a frequent hangout for many of the deputies.
Authorities declined to comment, saying the case remains under investigation.
An attorney for one of the arrested deputies called the investigation a "massive waste of taxpayer money," because only two people have been charged. And those deputies are contesting the charges, saying undercover officers entrapped them and they didn't commit a crime.
But hundreds of pages of documents recently made public show how the probe began, unfolded and expanded well beyond the scope of the initial complaint.
The investigation stemmed from a local man's efforts to investigate his sister's drug-related death.
The man, Jacques Ouellette, went to Cleopatra's, where his sister worked, in hopes of getting more information in July 2005, according to a sheriff's detective's report. A club employee later called him and made arrangements to meet at her home later, but when he arrived she didn't answer the door.
Ouellette reported he then received a telephone call from Charles Elsenheimer, a Manatee sheriff's patrol deputy at the time, according to the report. Elsenheimer said he was a plainclothes detective who worked in a special unit that specializes in violent crimes, Ouellette reported.
But that apparently wasn't why Elsenheimer was calling.
"Elsenheimer told him that he is friends with the owner of Cleopatra's and they don't like people snooping around or causing problems up there and that he handles things for them from time to time, checking people out and trying to keep the riff rafr (sic) out of the club," the detective wrote.
The call frightened the man, who believed that Elsenheimer was working for the club, and he later reported it to authorities.
Manatee detectives recruited two Hillsborough County sheriff's detectives for an undercover investigation, which began when they entered Cleopatra's on Aug. 27, 2005. That first night, five club employees solicited them to buy drinks for them, in violation of state law.
Those would be the first of numerous crimes, many of them covertly recorded, the officers said they saw at Cleopatra's in the ensuing 11 months.
Deputy 'worked' at club
The undercover officers, who went by the pseudonyms of "Hank" and "Tony," first saw Elsenheimer at Cleopatra's the next night. The Manatee deputy was seen behind the bar at the cash register and going into the club's private office several times.
"It appeared as if Elsenheimer was working at Cleopatra's," detectives later wrote in an affidavit seeking a warrant to search the club.
Derek Byrd, Elsenheimer's attorney, said that's not the case. While Elsenheimer might have helped out, he was never paid, the attorney said.
"There's no evidence that he received any payment," Byrd said. "If anything, he was a frequent, preferred customer."
During a return visit on Sept. 2, the Hillsborough deputies again reported seeing Elsenheimer running the cash register. After 2:30 a.m., when bars in Manatee are supposed to stop selling alcohol, the undercover officers and other patrons ordered and were served drinks, "in plain view of Deputy Elsenheimer, and he took no action to stop it," the affidavit said.
Not only did Elsenheimer look the other way, he also participated by directly selling alcohol after-hours to Hank and Tony the next night, the affidavit said. Byrd disputes that, saying Elsenheimer merely gave Tony a drink and did not sell him one.
In later interviews with investigators, Cleopatra's employees said soliciting customers for drinks and operating beyond legal hours were common practices at the club.
"While you worked there, did you serve liquor after 2:30?" a detective asked Patricia O'Hara, the club's former general manager.
"Consistently on Fridays and Saturdays," she replied.
"Okay, and why is this done?" the detective asked.
"Because it was done, it has been done for almost 10 years I would say," O'Hara said.
She and other employees said the direction to break the law came from the top: Mark Shepard, the club's owner. They said they believe the club was not cited for the violations because of the frequent presence of Elsenheimer and several other deputies.
In all, the undercover officers said they witnessed and documented at least 76 violations of state alcohol laws. But the investigation's focus remained tightly on Elsenheimer.
Focus on Elsenheimer
Throughout September, the undercover detectives - especially Tony - cultivated a friendship with Elsenheimer at Cleopatra's. They talked about their jobs - Tony's cover was that he was a ship's captain - the Tampa Bay Buccaneers and goings-on at the club, among other things.
In the early-morning hours of Oct. 2, Tony asked Elsenheimer for a favor to test the deputy's integrity.
"Charles entered the establishment, came up and greeted writer, at which time writer asked him to do writer a a (sic) favor as there was a guy at the docks in Tampa selling liquor very cheap and writer wished to purchase it," Tony wrote in an investigative report.
"Writer advised Chuck that writer wanted the guy checked out. Writer gave Chuck a piece of paper with the tag number on it. Chuck stated he would get back to writer with all the information."
Two days later, investigators secretly installed a tracking device on Elsenheimer's patrol car and began monitoring his movements.
On Oct. 9, Elsenheimer ran the license plate number through his patrol car's computer and told Tony later that day "it would be okay for the undercover officers and the man to do business," according to the search warrant affidavit.
Byrd said Elsenheimer didn't break any laws when he checked the tag through the state's Driver and Vehicle Information Database. Once he got a name, Elsenheimer used his home computer to access publicly available Web sites to check the guy's background, Byrd said.
"It's not illegal," the attorney said. "If it was they would have charged him with it."
Byrd also said Tony never told Elsenheimer the alcohol was stolen. Instead, Tony said he transported liquor and was allowed to buy alcohol at cut-rate prices.
Tony showed his appreciation for the information on Oct. 14, giving Elsenheimer a bottle of Bacardi rum.
"(F)or you checking them out that's for you, that's free," Tony told Elsenheimer, according to a transcript of the recorded conversation.
"Cool," Elsenheimer replied.
Five days later, Elsenheimer's involvement in the purported stolen-liquor racket deepened and for the first time included his cousin, Gary Harrison, also a Manatee sheriff's deputy. In a recorded telephone conversation, Tony told Elsenheimer that he was "gonna go through they guy that, uh, skemmed (sic) that liquor. Do you want any?"
Elsenheimer: "Uh, another bottle of Barcardi (sic) would be super."
Tony: "You want a bottle of Barcardi (sic)?"
Elsenheimer: "Yes sir."
Tony: "All righty, uh, and your . . . anybody you trust want anything?"
Elsenheimer: "Um, I forgot to ask my cousin um, he drinks the same thing I do so if you want to get two that would be fine. I, I (inaudible) for both."
Tony delivered both bottles to Harrison at Cleopatra's on Oct. 22. Harrison paid $7, about a third of retail value, for each.
Investigators later recovered the empty bottles, which were uniquely marked, from Elsenheimer's garbage. On Oct. 26, Elsenheimer's superiors told him he would be pulled from patrol duty and transferred to a front-desk job.
The deputy's response was that he was going to take a week's vacation.
Buying booze
Within weeks, Elsenheimer was ordering cases of liquor for himself and Cleopatra's, investigators said.
During a Nov. 5 surveillance operation, Elsenheimer was seen unloading a case of allegedly stolen liquor from Tony's car into his personal vehicle in Cleopatra's parking lot.
Later that day, Elsenheimer told another deputy that he had discovered the tracking device on his patrol car. The device was removed three days later.
In the month they tracked Elsenheimer's movements, investigators noted he went to Cleopatra's six times. He also went nine times to the home of Edward Falcone, then a Sarasota County sheriff's deputy. Also living in the house: John Serendensky, also known as John Vitolano and "Italian John," who was facing fraud, conspiracy, money laundering and racketeering charges in New York at the time.
In February, Serendensky pleaded guilty and was placed on five years' probation, according to court records. Cleopatra's employees later identified him as the club's general manager. His appearance in the investigation drew the FBI into the case.
During a Nov. 9 telephone conversation with Tony, Elsenheimer ordered five cases of liquor and was overhead discussing the order with an unknown person in the room. Tony, briefly accompanied by an undercover FBI agent, delivered the alcohol to Elsenheimer at Cleopatra's two days later.
During the delivery, Tony mentioned he wanted to get a gun but wasn't sure how to do it because he was a Canadian citizen. Elsenheimer said he would help.
"I'll tell you when the next gun show is. I'll tell you who to go to and get it to you," Elsenheimer said, according to a transcript of the recorded conversation. "This guy don't ask for driver's license."
Byrd said he hadn't heard of that before, but said "it might be considered unprofessional in his job, but it's certainly not illegal."
Investigators later discovered that Elsenheimer ran the undercover FBI agent's license plate twice on Dec. 6. Both times, the plate number came back as "does not exist" - a tip-off that it might an undercover law-enforcement vehicle.
Second club got booze, too
Over the next several weeks, investigators twice videotaped Elsenheimer loading allegedly stolen liquor into his personal vehicle at Cleopatra's. They also recorded him placing liquor orders for himself and Cleopatra's while on duty.
During a Dec. 8 phone call, Elsenheimer ordered four cases as he worked at the sheriff's office's front desk.
"Yeah, that's, yep, now that's for the club. Those cases," Elsenheimer told Tony, according to the transcript.
Elsenheimer also gave Harrison's cell phone number to Tony, who called and left a message to call back if Harrison wanted to order any liquor. It's unclear whether Harrison returned the call.
The alcohol was delivered the next night, after Serendensky and the undercover detectives met inside Bliss Cabaret, a Clearwater strip club. The men later left and arrived at Cleopatra's, where they met Elsenheimer; the deputy later was videotaped unloading the liquor into his personal vehicle.
O'Hara, the club manager, gave Elsenheimer the money to buy the alcohol, detectives said.
On Dec. 2, the undercover officers reported they met with Elsenheimer, O'Hara and Shepard.
"The owner thanked the undercover officer for all that he was doing for Cleopatra's," the search warrant affidavit said. "Shepard then informed the undercover officer that Elsenheimer would be handling the purchase of the alcohol for Cleopatra's. Shepard stated that he wanted to keep it as simple as possible."
In a clue that Elsenheimer might have become suspicious, he ran the undercover detectives' license plates on Dec. 10. Both came back as being registered in the detectives' fictitious names, but no driver's license information was available.
On Dec. 23, investigators recorded Serendensky taking liquor from an undercover detective's car at Bliss Cabaret, putting some in his girlfriend's car and taking the rest inside the strip club. The detectives later said Serendensky bought the liquor while inside the club.
Drug dealing alleged
The investigation broadened beyond alcohol in late January when detectives interviewed Dean Roller, a self-professed cocaine dealer who is awaiting sentencing on racketeering, drug and theft charges.
Roller told detectives that he sold cocaine inside Cleopatra's for several months in 2005 with Elsenheimer's tacit knowledge and help.
"He would just make sure everything was okay and make sure I didn't mess with people I shouldn't mess with, you know," Roller told detectives during the Jan. 26 interview.
"Like if there was somebody that might have been a cop he would have told you or something?" a detective asked.
"Yeah, he always, he always told me watch out for this or watch out for that," Roller replied.
"And he would say that . . .," the detective said before Roller interrupted.
". . . and he'd say, this is one of the things he says if you ever need me just let me know if anybody owes you any money. I'll put the heat on them, make them pay you," Roller said.
Roller also claimed to have given Elsenheimer $500 in a Cleopatra's bathroom in July or August 2005. Roller said the money was a thank-you for busting a rival drug dealer whom Roller said had shot him previously.
"I figured he saved, you know, he save me a bunch of money by taking him off the streets," Roller told investigators.
Roller later was among more than a dozen people charged in a ring that stole items from construction sites, sold or traded them for illegal drugs, then sold the drugs for a profit. He answered investigators' questions in hopes of getting a lighter sentence on those charges, according to a transcript of the interview.
That alone makes Roller's statements suspect, argued Byrd.
"Dean Roller at that time was trying to do everything he could to protect himself," he said. "People in that situation will do everything they can to make it look better for themselves. I put zero credibility in a drug dealer's statements."
More customers for booze
Meanwhile, the alcohol sales continued and others wanted to get in on the action.
Elsenheimer introduced the undercover officers to his brother, George, during a Jan. 27 meeting at Cleopatra's. George told the undercover officers that he "was an enforcer for the Crazy Horse motorcycle gang" and that "he would be purchasing represented stolen liquor from them in the near future for the motorcycle gangs (sic) clubhouse," according to a detective's report.
A week later, on Feb. 3, the undercover detectives asked Elsenheimer to check another license plate. The detectives said the plate belonged to a man who was having sex with one of the detective's underage daughter, and wanted to know who he was so they could send someone to beat him.
"Elsenheimer responded by saying he would be unable to run the tag as Internal Affairs was presently watching him," according to a detective's report. "However, he stated Gary or Josh would run the tag for him and that he was supplying them with that information in the near future."
Gary was his cousin; Josh was Joshua Fleischer, also a Manatee sheriff's deputy. But it was Falcone, the Sarasota deputy, who later checked the tag, records show.
On Feb. 12, Elsenheimer paid the undercover officers $795 cash for 10 cases of liquor worth more than $1,600. During the transaction, which was attended by Harrison, the detectives asked if Elsenheimer's brother still was interested in buying stolen alcohol.
The undercover officers learned that George Elsenheimer once had been arrested by another deputy on domestic battery charges.
"(Charles) Elsenheimer stated that his brother was in possession of a small amount of marijuana and cocaine, which had been found in a small tin box on George's person," a report said. "Elsenheimer states he was contacted by the deputy and that he went and met him. At which time the drugs were given to him. Elsenheimer stated he got rid of the narcotics and that his brother was not charged with possession of the drugs."
A records check showed George Elsenheimer was arrested on domestic battery charges in 1999.
Byrd said he was not aware of that allegation, but said he believed time had run out to prosecute.
Elsenheimer's last alcohol purchase was on March 21, when he paid $540 for five cases of liquor worth $1,148.
During an April 16 visit to Cleopatra's, the undercover detectives reported that two Manatee deputies took over management and/or security duties at the club after Elsenheimer and Harrison left. One of those deputies was identified as Brian Hall; the other deputy was not identified.
By then the investigation had broadened again to include other possible crimes and another Sarasota deputy, according to records.
An FBI agent told investigators on April 18 that Deputy Alfred Ainscoe owned a vehicle involved in insurance fraud. The agent also said a Ferrari in the case was owned by a Jensen Beach man. Neither has been charged.
Raid at club
On July 25, authorities raided Cleopatra's and arrested Elsenheimer and Harrison. The same day, Ainscoe and Falcone resigned from the Sarasota sheriff's office. The reason for their resignations has not been disclosed.
Elsenheimer faces 13 counts of dealing in stolen property, Harrison two counts. Both also resigned the day they were arrested and have pleaded not guilty.
O'Hara, Serendensky, Shepard and others affiliated with Cleopatra's have not been charged, nor have any other deputies.
In later interviews, several Cleopatra's employees and deputies said Elsenheimer, Harrison and other off-duty deputies frequently got free admission and drinks at the club. The deputies said they didn't think it was because of their jobs.
"I thought it was because I knew, I was friends with Elsenheimer and he knew the owner," said Deputy Dan Martin, who acknowledged getting free drinks.
That violates a long-standing sheriff's office policy, which was emphasized in a July 2004 memo that specifically warned deputies not to accept free admission or drinks at adult-entertainment establishments. Employees said Elsenheimer was considered the club's "handyman" and had been getting free drinks at Cleopatra's for as many as nine years.
The deputies' frequent presence gave Cleopatra's a reputation as being a safe haven from criminal activity, several employees said.
"I was under the impression from everybody's general attitude that we were covered by the blue blanket," Terri Peters, a bartender, told investigators.
Several deputies also said the club sometimes called their personal cell numbers to report disturbances or other problems. Martin said he received several such calls, and Fleischer admitted he sometimes put a different address than Cleopatra's - 3824 U.S. 41 N. - on reports when he responded to calls there.
"I guess Mark was having some problems with the county, or . . . something, there was something going on and he was worried about the amount of times that we were called out there for calls of service, um, and Chuck, John both asked you know, if we got phone calls you know, sign out at 3900 41 or something like that," Fleischer told investigators.
Martin was admonished for employee misconduct, and Fleischer cited "personal reasons" in resigning from the sheriff's office on Sept. 8.
Another deputy, Barrett Biggs, was re-assigned to the Manatee County Jail's farm operation for his association with Cleopatra's. Several employees said Biggs, like Elsenheimer and Harrison, had access behind the bar, to the club's office and the strippers' dressing room.
Several other deputies also have been questioned about their affiliations with Cleopatra's.
O'Hara also said it was common practice for the club to pad customers' bar tabs, especially if they were paying by credit card. She and two bartenders said drinks customers bought for employees were frequently non-alcoholic, but the customers were charged as if the drinks contained alcohol.
Employees also said they frequently were paid in cash but did not receive tax forms.
So far, none of those allegations have resulted in any known charges other than those against Elsenheimer and Harrison.
Attorney Byrd said he believes there won't be more.
"I believe they thought they were going to get a lot more than they came up with," he said. "They spent hundreds of thousands of dollars, had two officers working full time on this for months, and this is all they've got? It's a massive waste of taxpayer money."