June 25, 2024

In a development that has rocked the local Brevard County real estate scene, Christopher and Anthony Simms, the owners of CDS Builders (formerly known as Simms Builders), are facing legal troubles. The Brevard County Sheriff’s Office has allegedly uncovered a complex fraud scheme, suggesting that the Simms brothers engaged in numerous deceptive activities that incurred a loss of nearly $300,000. The brothers appear to be developing luxury properties in Viera and Titusville, as indicated on their company website.

The case unravelled following a complaint lodged by Alexandre and Victoria Mai, homeowners who commissioned Simms Builders for a construction project on their property in Melbourne Beach. The brothers, Christopher and Anthony Donald Simms, own the company.

Image: Simms Builders’ website

Based on official records, the Mays signed an agreement with the Simms brothers in January 2021. The total cost of the project was $1,610,400, with an initial 10% deposit of $161,040 wired directly into Simms Builders’ Seacoast Bank account. As the project progressed, more funds were disbursed, raising the overall payment to $241,560.

However, the investigation has raised concerns that the magnitude of the work conducted failed to align with the volume of funds received. The chief construction conducted was the establishment of a retaining wall worth $43,000, which wasn’t included in the initial contract. From its start in November 2021, the wall’s construction lasted about six months. Moreover, several checks collectively worth around $9,402.87 were issued, but could not be tracked.

The delays and communication breakdown escalated the Mays’ anxieties. The project was supposed to be completed within 18 months, but work eventually came to a standstill. A formal letter from the Mays’ attorney accused the Simms brothers of breaching the contract and requested that the issues be addressed within ten days. However, the Mays didn’t receive a response, and work didn’t resume on the project.

Anthony Simms, the licensed contractor, admitted to confronting monetary issues but didn’t complete the residential construction outlined in the contract. Simms Builders’ office manager, Christopher Simms, left the company in July 2021, leading to further complications.

Investigators have since formulated a theory, based on the evidence collected, that the Simms brothers deliberately defrauded the Mays and possibly other clients. They supposedly misused funds for unrelated expenses and activities that weren’t specified in the agreement, covering things like payroll and other unrelated costs.

The Simms brothers now face charges of Organized Fraud which can result in jail time and heavy fines. The supposed crime resulted in the Mays losing over $200,000, raising doubts on the openness and responsibility of the construction industry.

The investigation performed by the Brevard County Sheriff’s Office highlights the responsibility of homeowners to cautiously choose contractors and sign construction agreements. This case sends a powerful warning about the importance of adequate due diligence and communication while dealing with such transactions. The legal proceedings against the Simms brothers are anticipated to move forward, as they confront the fallout from their alleged fraudulent activities.

## Related Frequently Asked Questions

What was the construction project between the Mays and Simms Brothers?

The Mays had signed a contract with Simms Builders, owned by Christopher and Anthony Simms, for the construction of a new home on their property in Melbourne Beach. A total of $1,610,400 was agreed upon for the project, with an initial 10% deposit of $161,040 transferred to Simms Builders’ account.

What allegedly went wrong with the construction project?

According to the investigation, the amount of work carried out was not commensurate with the funds received. Also, the primary construction performed was a $43,000 retaining wall which was not originally part of the contract and several checks for the project were issued but remained untraced.

What are the legal repercussions the Simms brothers are facing?

Based on the alleged fraud scheme, the Simms brothers are now facing charges of Organized Fraud. This offense carries potential penalties of imprisonment and substantial fines.