BayWalk's indicted property manager is replaced

ST. PETERSBURG — Howard S. Rosenthal's stint as the property manager of BayWalk lasted slightly more than 73 hours.

Pinellas-Pasco Court Judge J. Thomas McGrady removed Rosenthal as the complex's court-appointed guardian on Friday, a day after his arrest on charges that he embezzled nearly $171,000 from his former employer.

Rosenthal, 53, of Safety Harbor will be replaced by J. Hunter Swearingen, a Tampa commercial estate agent who was hastily approached about the job on Friday morning.

"In my 25 years of practice and 9 1/2 years as judge, I've never seen a situation like this," McGrady said during a 15-minute court hearing in St. Petersburg. "It's important this matter is dealt with promptly."

Through an attorney, Rosenthal said he had hoped to remain BayWalk's manager. Rosenthal was appointed to the post Tuesday after the court finalized the foreclosure of the BayWalk property.

According to Pinellas sheriff's detectives, Rosenthal double-billed Clearwater real estate company Colliers Arnold for more than $140,000 in advertising costs before resigning in August 2008.

He also used company money to pay off country club dues, travel expenses for himself and his wife and nearly $700 in hotel movie charges, detectives said.

Rosenthal will be required to document any money he spent or received during his short stint as property manager as part of the court order. It's unclear, however, if any money changed hands.

His attorney, J. Robert McCormack of Tampa, said the charges are unfounded.

"I am hopeful that the true facts will be reported, which will demonstrate the lack of basis for these allegations once the investigation is complete," McCormack said in a statement.

Rosenthal's exit paves the way for BayWalk's fourth property manager in five months.

Swearingen, 42, of Tampa, is a commercial real estate agent with Ciminelli Real Estate Services of Florida. He told the court Friday he has more than 16 years experience in commercial real estate, though none in a property like BayWalk.

A lawyer for lender Wells Fargo, which also selected Rosenthal, said it was comfortable turning the property over to Swearingen. He would not discuss what, if any, background investigation the bank conducted.

The future of BayWalk has been in limbo since November, when owner STP Redevelopment decided to stop making monthly mortgage payments.

Local developer Fred Bullard, STP Redevelopment's president, said he had wanted to invest millions of dollars into the property, but Wells Fargo was not willing to renegotiate the loan's terms to help make it feasible.

A judge signed off on the foreclosure Tuesday. A public auction is set for Feb. 13.

Times staff researcher Carolyn Edds contributed to this report.