Fort Myers whistleblower David Sherwin is a former sales representative for Office Depot. He was granted whistleblower protection in 2007, after coming forward with allegations that the office supply company overcharged taxpayers in six states of hundreds of millions of dollars. He is also alleging bid rigging, kickbacks, official misconduct, fraud and corrupt acts by Office Depot involving at least 12 South Florida government entities, including the City of Cape Coral, the City of Fort Myers, Lee County Port Authority, Lee County Board of County Commissioners and the Lee school board.
Sherwin sent this memo to media Wednesday:
Whistle-blowers HALL OF SHAME: Agencies in SWFL that failed in protecting the interests of the taxpayers and failed in their fiduciary duties as they related to the fraudulent pricing and overcharging by Office Depot:
Worst of the Worst:
COLLIER COUNTY SCHOOL BOARD:
Refused to investigate or audit the allegations and continues to waste taxpayer dollars by ordering from Office Depot. Ignored hundreds of emails/faxes and hours of in person presentation by whistle-blower Sherwin. Their handling of the situation is the definition of government incompetence.
CITY OF FORT MYERS:
Refused to audit or investigate. Still ordering from Office Depot and wasting taxpayer dollars.
CHARLOTTE COUNTY SCHOOL BOARD:
Refused to audit or investigate, obstructed calls for audits and investigations, still ordering from Office Depot and wasting taxpayer dollars.
CITY OF NAPLES:
Refused to audit or investigate, obstructed calls for audits and investigations, still ordering from Office Depot and wasting taxpayer dollars.
Failed in protecting the taxpayers but not the Worst of the Worst:
CITY OF CAPE CORAL:
Refused to do their own audit or investigation, asked Office Depot to do it for them. Accepted $51, 000 in credits, about 1/3 of total fraudulent overcharges & still continues to order from Office Depot and waste taxpayer dollars.
CHARLOTTE COUNTY BOCC:
Refused to do their own audit or investigation, asked Office Depot to do it for them. Accepted $75, 000 in credits, about 1/3 of total fraudulent overcharges & still continues to order from Office Depot and waste taxpayer dollars.
EDISON STATE COLLEGE:
Refused to do their own audit or investigation, asked Office Depot to do it for them. Accepted $24, 000 in credits, about 1/3 of total fraudulent overcharges & still continues to order from Office Depot and waste taxpayer dollars.
LEE COUNTY BOCC:
Had Lee Clerk of Court conduct audit in 2008 immediately after allegations were made. Collected $58,000 in overcharges, refused audit recommendation to end U.S. Communities contract. Stayed on the fraudulent Option 01 and continued to waste taxpayer dollars.
Best of the Best-Three shinning examples of doing it right:
CLERK OF THE COURT LEE COUNTY:
Lee Clerk of Courts Charlie Green and Director of Audit Chuck Short conducted the first investigative audit of the Office Depot/U.S. Communities contract finding $58,000 in overcharges on just 1 of 5 allegations. And was the first agency nationally to recommend NOT USING the U.S. Communities contract.
LEE COUNTY SCHOOL DISTRICT:
Dr. James Browder took the most decisive and uncompromising action of any agency in SWFL in regards to the allegations of overcharging and fraud by Office Depot. The Procurement Director resigned, and Director of Internal Audits Robert Brown has been instructed to conduct an uncompromising and in depth investigative audit of the Office Depot/U.S. Communities contract. All other agencies should follow the lead of the Lee County School District.
CITY OF CLEARWATER:
City Auditor Robin Gomez and Senior Auditor Karen Cunkle, refused Office Depot’s offer of $54, 000 and conducted an extensive investigative audit, and they are new making an uncompromising demand of Office Depot for $166,000 and preparing to end their relationship with Office Depot by finding another vendor.
– Ryan Lengerich

