Archive for February 2013

 
 

Watchdog Report Vol.13 No.39 February 17, 2013 Est.05.05.00 – I go when you cannot

CONTENTS

Argus Report: Ninth Annual Gathering of Leaders at Biltmore Hotel brings together some of the top creative social entrepreneurs in America, from City Year to Catalyst Miami

Florida: Former Beach Health Clinic CEO Abbate arrested for stealing $6.8 million, new interim CEO Dr. Rabinowitz tells Children’s Trust clinic is on the mend, getting grants after scandal

Miami-Dade County: Former M-DC Commissioner Hawkins tapped to FRB overseeing JHS, has controversy in past, will FRB become more political?

Miami-Dade Public Schools: District gets clean audit of $454.8 million in federal funds for 2012, no small trick given the host of programs, Title I accounts for $111 million of these funds

Public Health Trust: JHS closes 2012 $8.2 million in the black, but fiscal minefield still lies ahead with changes in national healthcare payments, while giving $1 billion in charity care

City of Miami: With clock ticking, Ultra Festival contract including $584,000 in fees, $250,000 security and another $326,000 in ticket surcharge fees clears Bayfront Park Trust

City of Miami Beach: Former Commissioner Diaz fires back at WDR for story last week on his being a Beach lobbyist in his own words

City of Virginia Gardens: Virginia Gardens Man Sentenced to 37 months in Prison for Dealing in Firearms without a License

>>> Other stories around Florida

Broward County: Former Local Union President and Former Executive Assistant Charged with Stealing Money from Union and Obstruction of Justice

City of Hollywood: CEO Charged in Multi-Million Dollar Embezzlement Scam

City of Plantation: Guilty Plea Entered by Second Contractor Charged with Paying Bribes to Director of Traffic Engineering

Palm Beach County: Man Sentenced to 33 Months in Prison and 30 Years of Supervised Release for Failing to Register as a Sex Offender

City of Pompano Beach: Consultant for the Florida Department of Transportation Pleads Guilty To Accepting a Bribe

Martin County: Hobe Sound: Investment Advisor Sentenced to Prison in $2 Million Scheme

Polk County: Gov. Scott taps Glenn T. Shelby to the Tenth Judicial Circuit Court.

Monroe County: Early Learning Coalition of Miami-Dade/Monroe gets clean audits for the year

Community Events: The Good Government Initiative at the University of Miami Invites you to A Community Conversation & Luncheon – Obamacare – What’s Next? – Tuesday, February 26, 2013 11:30 a.m. – Downtown Bay Forum luncheon – Chef’s Harvest Dinner

Editorials: With the federal sequester looming, Congress likely kicking fiscal can down the road that is quickly becoming Dead End Street — Check out the past national story in the Tribune papers:  Paperwork Tiger By Maya Bell, Miami Bureau, Orlando Sun-Sentinel January 20, 2003 >>> And a 2004 UNC Chapel Hill study of the Southeast United States 15 states media outlet study where the Watchdog Report is listed as writing a “influential” column in Florida with over 100,000 readers: http://www.unc.edu/~davismt/SouthNow.pdf

Letters: Letter to Editor by Shawn Khosravi in The Miami Herald about COSMOS Dinner
Sponsors – Publisher’s mission statement & Subscription information is at the bottom of this issue — Scroll down for all the headline stories text

>>> Just because you do not take an interest in politics does not mean politics will not take an interest in you. –Pericles (430 B.C.)

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>>> The Watchdog Report publisher would like to thank the John S. and James L. Knight Foundation www.knightfoundation.org for funding by the Knight Foundation with technical support from the Knight Center for International Media http://knight.miami.edu within the University of Miami’s School of Communication www.miami.edu to maintain my webpage. The Watchdog Report webpage is free, has no ads, pops-up and is just the news in a mainstream reporting manner.

>>> Red Alert: If you think it is important to have an alternative mainstream news service, I hope you will consider becoming a financial supporter for I do have to live and pay my rent. I also want to thank again all those people and organizations that have supported me and I have been honored by that trust and support of my efforts over the past almost 14 years trying to keep the community, state, nation and world informed of the political and governmental happenings in South Florida.

>>> May you and your family have a safe and reflective President’s Day Monday and may we reflect on what these men have contributed to our nation over the centuries since the 1776 Declaration of Independence from the Crown of England.

ARGUS REPORT – Heard, Seen on the Street

>>> Ninth Annual Gathering of Leaders at Biltmore Hotel brings together some of the top creative social entrepreneurs in America, from City Year to Catalyst Miami

A powerhouse of America’s social entrepreneurs met Feb. 6 to the 8th at the Historic Biltmore Hotel to brainstorm and discuss ways to make social service programs and communities around the nation better places. The Ninth Gathering of Leaders 2013 and sponsored by the John S. and James L. Knight Foundation www.knightfoundation.org brought together some of the cutting edge people who have created programs around the nation on their own that have blossomed into some cases, state or national movements. The annual program’s goal is to “Accelerate Transformative Social Change” and was funded by a Knight grant nine years ago and will continue for another two years and the gathering is truly a hotbed of people and their organizations doing good deeds, research and teaching around America trying to make a difference in their own way.

The three day event included some top speakers on how children’s brains develop, the cost on families and society of the War on Drugs in the film The House I live In, and  “approaches to eradicate the persistent achievement gap between rich and poor children and the deep inequality it helps to perpetuate,” states one program. The issue of the national fiscal issues on social entrepreneurs was also discussed and what this “continued downward pressure on budgets” means “for social entrepreneurs, whose models frequently gain great results but at a high short-term cost, despite the ultimate ROI.”  And the conference included a discussion with Scott Budnick, the point of the spear of Green Hat Films and the Anti-Recidivism Coalition that works to get California justice system inmates education while in jail. And the organization attempts to “build strong mentoring and support infrastructures; and inspire young men and women to reassume responsibility and re-chart their futures.”

The Watchdog Report last week contacted by phone Paula Ellis the Vice President of Strategic Initiatives with the Knight Foundation about the Gathering of Leaders event and she said one goal was the “inventing of new solutions for community social issues.” The attendees she said discussed how to “build a social movement around change,” and “how to use data” to empirically validate the success of a social program. Ellis said by bringing together some of the old and new top social entrepreneurs around the nation that has them “learning and sharing” their experiences. New ideas bubble-up and these people are social electrolytes and are the vanguard of social change in many ways as some of their innovative programs gain traction in a community and might be exported to other parts of America. For more on the Knight Foundation program go to http://knightfoundation.org/grants/20092073/ >>> Editor’s note: The Knight Foundation is a founding supporter of the Watchdog Report since May of 2000 and funded my webpage development www.watchdogreport.net and the great webmaster that post’s the report every week. >>> In next week’s Watchdog Report read what Jamie Dimon, the Chair and CEO of JPMorgan Chase &Co., told the Greater Miami Chamber of Commerce about big time banking, the global economy and perhaps what the future holds for the finance world of Wall Street and the world.

>>> White House press release: Statement by the President on His Holiness Pope Benedict XVI

On behalf of Americans everywhere, Michelle and I wish to extend our appreciation and prayers to His Holiness Pope Benedict XVI. Michelle and I warmly remember our meeting with the Holy Father in 2009, and I have appreciated our work together over these last four years.   The Church plays a critical role in the United States and the world, and I wish the best to those who will soon gather to choose His Holiness Pope Benedict XVI’s successor.

>>> All photos in the Watchdog Report are taken from public government sites, and the Report goes on line at www.watchdogreport.net on Monday sometime during the day usually. >>> If you believe it is important to have someone watching your public institutions consider supporting the Watchdog Report for I am a low cost news service, yet I do have to live, thank you! Further, I have been honored over the years by being named a WFOR-4 Hometown Hero in 2000, being profiled in a major way by The Miami New Times and was Best Citizen in the 2003 Best of Miami of The Miami New Times, profiled twice in The Miami Herald, and the Orlando Sentinel ran a nationwide story on me in the Tribune papers on Jan. 2003, and UNC Chapel Hill named me one of the top columnists in Florida in a  multi-state study of the media back in 2004. I also thank Joseph Cooper for the opportunity to be on the WLRN/NPR showTopical Currents on www.wlrn.org 91.3 FM since 2000, including yearly election coverage since then, and also numerous times over the past decade. Further, I am a frequent guest on WWW.WPBT2.ORG on Helen Ferre’s show Issues, and have also appeared on  Eliott Rodriguez’s show News & Views on www.CBS4.com and The Florida Roundup on www.wlrn.org

FLORIDA

>>> Former Beach Health Clinic CEO Abbate arrested for stealing $6.8 million, new interim CEO Dr. Rabinowitz tells Children’s Trust clinic is on the mend

With the arrest this week of the past CEO Kathryn Abbate of the Miami Beach Community Health Center (MBCHC) for stealing well over $6.8 million of taxpayer dollars from the county, state and federal government grants from 2008 to 2012. http://www.miamiherald.com/2013/02/13/3232096/miami-beach-clinic-head-surrenders.html The new MBCHC interim CEO Mark Rabinowitz, M.D. told The Children’s Trust of Miami Dade on Monday at a Finance & Operations Committee meeting that since he has come on board. The organization with two facilities on the Beach and one in the City of Miami has tightened up the financial controls and the organization is getting back on its feet after the scandal rocked the health facilities last year.

The medical director said when it came to the Health Clinics, “we are doing well, quite well” and he noted the Trust “was the first organization we reported too” after “the wrong doing was uncovered at our center.” The physician noted since his arrival they have started to get grants again including a federal Ryan White grant and the city of Miami Beach also granted funding. He said the “Ryan White people were in the office for about three weeks,” and they found the “services were provided appropriately” and he concluded the health clinic “got the grant because [we] did a good job with those patients,” he said.

Further, a Miami-Dade Office of the Inspector General report on MBCHC is scathing when it came to the lack of fiscal controls that had Abbate writing 800 checks to herself for years for ‘community development’ while her salary also ballooned to $1.2 million in 2010 and is out of whack with salaries of people in similar capacities. Some of grant money stolen came from Ryan White programs to the tune of $5.9 million, The Children’s Trust kicked in $498,000 in grants and the Public Health Trust contributed $164,900 to the health clinics states the IG report. Further, another $8 million in funding was in the 2004 Miami-Dade County $2.9 billion GOB passed by voters to purchase and rehabilitate a clinic on Alton Road.

Chris Mazzella, the Miami-Dade Inspector General in his report is astonished that this fraud was not detected earlier by the organization’s board, though the County and Children’s Trust worked with authorities in the matter. In addition, he is going to tell the Miami-Dade County Commission that MBCHC needs to be closely monitored in the future. If MBCHC is to receive any new county public funds, but it appears with this new leadership. The organization is making a comeback after this tragic scandal where money to help the poor and sick was diverted to someone’s personal profit and gain. To read the IG report go to Criminal Charges Filed Against Former CEO of the Miami Beach Community Health Center, Inc., IG12-33, February 13, 2013. >>> Also see the City of Hollywood story in the WDR below.

>>> Press release: Gov. Scott makes three appointments and two reappointments to the Florida Developmental Disabilities Council.

Shevaun L. Harris, 32, of Tallahassee, is the Chief of Medicaid for the Agency for Health Care Administration. She succeeds Elizabeth Y. Kidder and is appointed for a term beginning February 12, 2013, and ending at the pleasure of the Governor.

Thomas “TJ” Moon, 26, of Ocala, is the owner of Moonscapes Inc. He succeeds Michael A. Smith for a term beginning February 12, 2013, and ending September 30, 2015.

Jean M. Sherman, 68, of Pembroke Pines, is the associate director of the Miami Area Geriatric Education Center. She succeeds Susan F. Gold and is appointed for a term beginning February 12, 2013, and ending at the pleasure of the Governor.

Ronni Bianco, 46, of Golden Beach, is an administrator at Paul D. Bianco P.A. She is reappointed for a term beginning February 12, 2013, and ending September 30, 2015.

Sylvia James-Miller, 55, of Ocala, is an adult day training manager at Best Behavior LLC. She is reappointed for a term beginning February 12, 2013, and ending September 30, 2015.

>>> DOE press release: READING LIST HIGHLIGHTS AFRICAN-AMERICAN AUTHORS

Educators recommend books to read in honor of Black History Month – The Florida Department of Education’s Just Read, Florida! office celebrates Black History Month with its recommended reading list featuring the literary works of acclaimed African-American authors. The selections help young readers understand the influence of African-American culture on society. Students are encouraged to choose from the recommended reading list during Black History Month and throughout the year.

“Reading is the gateway skill for academic success,” said Commissioner of Education Dr. Tony Bennett. “Other subject matters, such as history, are reinforced through reading. It is crucial that educators and parents work together to promote literacy in and outside of the classroom.” The reading list features both fiction and non-fiction selections, including biographies of influential African-American leaders. To see all of this year’s list, visit the 2013 Black History Month Recommended Reading List.  Just Read, Florida! promotes reading in Florida’s public schools and among community groups and volunteer organizations statewide. For more information about the Department of Education’s literacy promotion efforts, visit the Just Read, Florida! office.

>>> Scandal free Children’s Trust of Miami-Dade looking for new CEO to replace Abety after 11-years in top child advocate administrative slot

The Children’s Trust of Miami-Dade County created by county voters in 2002 and reaffirmed overwhelmingly by a 79 percent majority of  county voters in 2008 is looking for a new president to run the around $100 million Trust. Modesto Abety, the only top administrator of the organization since its creation is prohibited from taking the job during a six-month period he has to leave. Since he is in the Florida Retirement System, but a new CEO is expected to be found in the meantime before he could reapply for the job. In addition, long serving senior administrator Charles Auslander will be the interim CEO when Abety formally leaves at the end of March.

>>> The Children’s Trust Conducts Search for a New President and CEO

Press release: The Children’s Trust Board of Directors has begun an executive search for a new President and Chief Executive Officer. Qualified candidates are preferred to have no less than 15 years of experience, including at least five leading a team of professional staff, as a senior administrator with preference for a human service agency administrator or as public administrator working with a board, council or other policy body. Demonstrated knowledge and understanding of: Governance structures in Miami-Dade and the State of Florida, the demographics of the Miami-Dade population, major policy issues involving children and families, and the dynamics of large urban communities with high levels of immigration. The Children’s Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County by making strategic investments in their future. >>> To view the entire job description, visit www.thechildrenstrust.org Interested and qualified candidates shall send, in one continuous Word or PDF document, a cover letter of interest, resume, at least three professional references, and salary requirements to: CEOsearch@thechildrenstrust.org >>> All information submitted to The Children’s Trust is subject to Public Records Requests and all interviews will be publicly noticed and take place in a public setting as proscribed by law.  In addition, a background check will be conducted as part of the pre-employment process.  Candidates who are not a current resident of Miami-Dade County, if hired, must relocate to Miami-Dade County within 30 days of employment. The Children’s Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County.

>>> Children’s Movement of Florida  Voices of Florida – We all have a story, a story that defines us. It is our collective story, our challenges and our triumphs that inspire a movement. Floridians from all walks of life have joined together with an understanding that the future of our state rests on the well-being of our children. Visit The Children’s Movement website to read their stories and share your own. >>> I find it unacceptable, as all of us should, that at least a half-million children in Florida – all citizens — have no health insurance. How could this be in our beloved country that seeks to be a beacon to the world? Health insurance for all children is one of the five major planks of The Children’s Movement. With the support of Florida Covering Kids and Families, The Children’s Movement is working with dozens of local partners to help build a meaningful signing-up initiative in more than a dozen Florida communities. Already we have: Completed 18 KidCare trainings around the state. Signed up, trained and deployed more than a hundred volunteers. Begun to build a growing collaboration between local school districts and KidCare outreach coalitions. It’s a good start, but only the start. If you’d like to become a volunteer, just click here. Another way to help is to make a contribution – of any size – to help support this work. It is easy. Just click here. A real movement isn’t possible without your helping in some meaningful way. Dave Lawrence, Chair The Children’s Movement.

MIAMI-DADE COUNTY

>>> Former M-DC Commissioner Hawkins tapped to FRB overseeing JHS, has controversy in past, will FRB become more political?

Larry Hawkins, a former Miami-Dade County Commissioner and state legislator was selected by the South Florida AFL-CIO to be the union workers representative on the seven member Financial Recovery Board (FRB) that governs Jackson Health System and the smaller oversight board has been in that capacity for the past two years. He is replacing long time FRB and PHT board member Joaquin del Cueto, a former Miami-Dade firefighter who has served with distinction on the board, since around 2004, and his time on the oversight board has been scandal free. http://www.miamiherald.com/2013/02/12/3230413/jackson-health-system-board-member.html

However, Hawkins who lost his county commission District 8 seat in 1994 by a 2-1 margin to political neophyte Katie Sorenson has been dogged by charges back then he took gifts and free trips and sexually harassed female staff members that he denies. However, he did pay a $5,000 fine levied by the Florida Ethics Commission in 1995 concerning some of these matters.  He also resigned for “personal reasons” in Jan. 1996 from the high profile Easter Seals Society of Dade County after similar sexual harassment charges were made and since then. He has been on a number of county boards and has worked as a lobbyist more recently, but never in such a profile as the JHS board since he left political office.

Hawkins, a decorated wounded Vietnam veteran that left him in a wheel chair is also seen as a political figure, and while the FRB over the last few years has tried to tamp down any political interference from the county commission. Hawkins could be the new FRB electrolyte that makes it more sensitive to the 13-member commission, that ultimately has oversight over how JHS is run, and his choice has surprised some community leaders given his past legacy. >>> http://articles.sun-sentinel.com/1994-10-05/news/9410050052_1_sexual-harassment-hawkins-harassment-charges >>> http://www.miaminewtimes.com/2011-10-13/news/miami-dade-s-red-light-camera-bad-boys-larry-hawkins-and-hector-ortiz/full/

>>> New OIG Report: Miami-Dade County Office of the Inspector General Seeking Reaccreditation, February 14, 2013.

>>> GMCVB press release: PORT MIAMI CRUISE PASSENGERS INCREASE IN DECEMBER 2012
Passengers at PortMiami increased for the month of December by +13.1% compared to the previous year’s level. PortMiami, the Cruise Capital of the World, is the world’s busiest cruise port and home to some of the world’s most distinguished cruise lines.

PORT MIAMI PASSENGERS
December 2012 December 2011 % Change
475,166 Passengers 420,236 Passengers +13.1

MIAMI-DADE PUBLIC SCHOOL

>>> District gets clean audit of $454.8 million in federal funds for 2012, no small trick given the host of programs, Title I accounts for $111 million of these funds

An audit of $454.8 million in federal funds flowing into the Miami-Dade Public Schools through the budget year ending in June 30, 2012 found no major problems with how these funds were spent for a host of programs throughout Miami-Dade. The audit was reviewed at the nation’s fourth largest public schools district audit and budget advisory committee meeting in January and the lack of findings given the size of the federal funding got school Superintendent Alberto Carvalho a pat on the back from the advisory board members. And while a couple of small issues were cited, these were considered minor in nature. And these federal dollars paid for programs that includes $10 million for school and community based programs, to $119,333 for Citizenship Training and Training Citizen Integration to $111 million for Title I Grants to Local Education Agencies state audit documents to cite a few of the areas where federal funds are expended. However, given the size of the funding, an essentially clean audit by the District deserves a Tip of The Hat from the Watchdog Report. To read the audit go to: http://mca.dadeschools.net/AuditCommittee/AC_January_29_2013/item4.pdf

What about the audit committee board?

Newly minted School Board Member Suzie Castillo has appointed Benjamin J. Moscowicz, CFP as her designee on the audit committee that is the community firewall when it comes to the oversight of the district’s around $4.3 billion yearly budget. In addition, School Board Chair Perla Tabares Hantman reappointed school Board Member Lawrence Feldman, Ph.D. as the chair’s designee to the ten-member board.

What about the $1.2 billion Bond oversight board?

Former State Board of Education Vice Chair Roberto “Bobby” Martinez, a long time member of the Florida board has been tapped to be a member on the newly created bond oversight board. Martinez got a shout out from Superintendent Alberto Carvalho, for his advocacy and fighting for South Florida educational issues and the board passed a school board resolution Wednesday honoring his many years of service in education. Martinez, a former local U.S. Attorney was a close confidant of both Gov. Jeb Bush and Gov. Charlie Crist but he has disagreed with some of Gov. Rick Scott’s policies and appointments over the past two-years.

>>> “Snowbird students” come to public school district from South & Central America

At Wednesday’s school board meeting, district staff said when it came to school enrollment, it bumps up when it is summer vacation for residents in South America and many of them come to the United States, and send their children for a few months to the local schools during the stay. Miami-Dade made up of peoples around the world already teaches English as a second language in around 19 different tongues and when it comes to planning student population at a school. Many times said school staff, “parents go out shopping and kids show-up at the schools for the free education,” and is just another ripple the public school district with around 350,000 students deals with on a yearly basis.

>>> New Miami-Dade County Office of the Inspector General report: SES Provider Pleads Guilty for Phantom Student Billing Scheme, IG09-99SB, February 13, 2013.

PUBLIC HEALTH TRUST

>>> JHS closes 2012 $8.2 million in the black, but fiscal minefield still lies ahead with changes in national healthcare payments, while giving $1 billion in charity care

While a recently released yearly audit of Jackson Health System showed the fiscally strained institution closed $8.2 million in the black after posting hundreds of millions in losses over the past three years.

http://www.miamiherald.com/2013/02/15/3236792/jackson-health-system-auditors.html The health trust is not out of the woods fiscally since looming funding cuts of Medicare and Medicaid payments are in the wings in the future and senior executives are not popping Champaign. For they know the road ahead as healthcare evolves is fraught with challenges for one of the nation’s largest public hospital systems. Jackson Health System CEO Carlos Migoya has had a daunting task to get to this point, including getting major union concessions, and he also changed the annual operating agreement with the University of Miami, that at one point yearly was over $130 million. However, these payments have been scaled back significantly to only what “Jackson can afford,” said Finance Recovery Board Chair Marcos Lapciuc in the past.

What about Migoya’s senior staff

Carlos Lago, an attorney who became Migoya’s chief of staff when he joined the Trust back in May 2010 is leaving to join the law firm Greenberg & Traurig. Lago prior to joining Migoya at Jackson Health System was a senior aide to Miami Commissioner Francis Suarez, and Lago’s brother Vincent is a commission candidate in the upcoming April elections for the City of Coral Gables commission.

Migoya

>>> JACKSON HEALTH SYSTEM MADE $8.2 MILLION LAST YEAR Final Audited Financials Report Ends a String of Losses Since 2007

Press release: Jackson Health System is pleased to announce yet another important milestone in the transformation of the system, resulting from improved management, cost containment and operational controls. Jackson’s audited financials reported a final figure of $8.2 million of excess revenue over expenses. This reflects a one-year turnaround of nearly $90 million and brings to an end a string of losses totaling almost $430 million since 2007. Last October, at the end of the fiscal year that closed September 30, 2012, Jackson reported interim financial results indicating that we had finished FY 2011-12 with $1.5 million of excess revenue over expenses. The improvement from the interim statement to the final audit is not surprising, as it is standard procedure for Jackson to be conservative when issuing preliminary end-of-year projections.

“There has never been a better time to be a patient, doctor or employee at Jackson,” said Carlos A. Migoya, president and CEO of Jackson Health System. “The foundation built last year will support the future that we all want to build.”

Unfunded capital and operating needs remain substantial challenges as Jackson strives to attract patients. Jackson is also bracing for large revenue cuts that could be associated with the enactment of state and federal healthcare reform in 2014. “It is important not to overstate the significance of these results,” Mr. Migoya said. “Yet clearly the bright future we all envisioned for Jackson when this process began in 2011 is taking shape” However, improvements in cash-collections for patient-care services, negotiated reductions in salaries and related costs and reduced spending on contractual and purchased services, Jackson was able to lower operating expenses by $222 million last year. Moving forward Jackson is poised to remain vigilant in our cost controls, focused on our growth initiatives, and true to our community mission. The results of the audited financials will be presented to the Public Health Trust Financial Recovery Board Audit & Compliance Committee on Thursday, February 21.

>>> New FRB Nominating Council must meet by Feb. 28

The new nine member FRB Nominating Council that has to be in place by Feb. 28 will include the seven existing FRB members and the body is waiting for two more appointments by outside entities to round out the Council board. The Council in the future will nominate future trustees to sit on the oversight board that is the community’s firewall in the governance of JHS. FRB Chair Marcos Lapciuc told trustees that they had all been retained for the next year to maintain continuity since the health trust is still financially struggling with only 13 days of cash on hand in January and the Council will get to start replacing members next year.

CITY OF MIAMI

>>> With clock ticking, Ultra Festival contract including $584,000 in fees, $250,000 security and another $326,000 in ticket surcharge fees clears Bayfront Park Trust

Ultra Fest, the techno dance music and DJ driven music fest that features outrageous light shows and pounding music and is a two-weekend event this year finalized the final contractual details Friday afternoon at a Special Board Meeting of the Bayfront Park Management Trust and the clock was ticking. The Ultra Fest event this year on Mar. 15 to 17 and Mar. 22 to 24 has been nurtured by the Trust over the past 13 years of the concert’s 15 years in existence. And this is the first year that it will be held over two weekends after getting approval from the Miami commission for the multi weekend event that had the shows promoters contributing $500,000 directly into city coffers for the two-week waiver. The final deal the Trust voted on unanimously has the festival paying $584,000 in fees to use the Park and a proposed $400,000 damage and security deposit, was whacked back to $250,000 after negotiations during the meeting between Ultra’s lobbyist Brian May and Trust CEO Tim Schmand, along with Trust Chair and Miami Commissioner Frank Carollo and other Trust board members. Bayfront Park also gets another $326,000 per weekend in ticket surcharge revenue from the (controversial, to some local residents in condominiums nearby), event that has one weekend sold out and the other at 60 percent at present, said May.

May in arguing for the reduced security deposit said it was because $400,000 “is not a small amount of money.” And he wanted to keep the security deposit at $200,000 since it cost only around “$140,000 to repair the park last year [after the Ultra Fest show].” May also agreed that Ultra would let the Trust know by Jun. 1 if they wanted to reserve the same dates next year, and if they did that. Bayfront would give back the security deposit less any damages and costs associated with the event. May noted the “fees have been pretty much the same the last five years,” and the “show is taking a lot of risks” this year with the extended event. And he noted, “next year [Ultra will] most likely will be one weekend,” said the show’s lobbyist and he had also first proposed only $459,000 in rental fees. However, Carollo noted, “we kept the same fees and have cultivated Ultra” over the years and “other shows would love to come over spring break,” and “now is the time to start sharing some of the success they had.” And the commissioner, a CPA along with other Trust members were resolute arguing the new higher fee and security deposit was in keeping with other venues around the nation and a final deal was struck that May believed and assured Trust members would be acceptable to the Ultra management principles. For a show that is just a month off and when promoters get skittish when all the details of such an event are not hashed out, said May. For more information on the festival go to: http://m.ultramusicfestival.com/

>>> Splitting Upper-East Side in commission redistricting maps get two more public hearings

The residents and community activists of the Upper East Side came to Miami City Hall Thursday to protest the district, just now being revitalized after decades, being split into two Miami Commission Districts. The new 2010 Census maps show that District 2 has around 16,0000 to many people and the consultants drawing the maps decided the most effective way while also complying with redistricting laws was to split the area between that  commission district and District 5. Marc Sarnoff currently represents the district and if it is divided, Michelle Spence-Jones will represent the other half on the five-member commission.

However, local residents and homeowner association’s representatives impacted by the change said they were unaware of the process and the public hearings and pleaded that the area be kept intact. Since so much progress has been made in cleaning up the neighborhoods that are now vibrant and beginning to really take off. The new proposed commission districts have Shorecrest and Palm Grove going to District 5 and for residents affected by the change there are two public meetings to give input.  One is on Thursday Feb. 21 @ 6:30 p.m. at Legion Park and there is a second one at Miami City Hall March 4 at the same time.

>>> Check the number of Miami employees in the Florida DROP program and are planning to retire this year and in the future years. 12-01284 Email – Senior & Key Personnel Chart – City of Miami

>>> Former Registered Nurse Sentenced in Miami to 111 Months in Prison in Connection with $63 Million Mental Health Care Fraud Scheme

Press release: A former registered nurse was sentenced today to serve 111 months in prison for his role in a health care fraud scheme involving defunct health provider Health Care Solutions Network Inc. (HCSN), announced U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; Michael B. Steinbach, Special Agent in Charge of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami office. John Thoen, 53, of Miami, was sentenced by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida.  In addition to his prison term, Thoen was sentenced to serve three years of supervised release.

On Nov. 20, 2012, Thoen pleaded guilty in the Southern District of Florida to one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering. According to court documents, HCSN operated community mental health centers (CMHC) at three locations in Miami-Dade County, Fla., and one location in Hendersonville, N.C.  HCSN purported to provide partial hospitalization program (PHP) services to individuals suffering from mental illness.  A PHP is a form of intensive treatment for severe mental illness.  According to court documents, HCSN obtained Medicare beneficiaries to attend HCSN for purported PHP treatment that was unnecessary and, in many instances, not even provided.  HCSN obtained those beneficiaries in Miami by paying kickbacks to owners and operators of assisted living facilities.

According to court documents, Thoen was a licensed registered nurse in both Florida and North Carolina.  In Florida, Thoen participated in the admission to HCSN of patients who were ineligible for PHP services.  Thoen participated in the routine fabrication of patient medical records that were utilized to support false and fraudulent billing to government sponsored health care benefit programs, including Medicare and Medicaid. In North Carolina, Thoen, according to court documents, routinely submitted fraudulent PHP claims for Medicare patients who were not even present at the CMHC on days PHP services were purportedly rendered.  Thoen also caused the submission of fraudulent Medicare claims on days the CMHC was closed due to snow.

Thoen also admitted to his role in a money laundering scheme, involving Psychiatric Consulting Network Inc. (PCN), a Florida corporation that was utilized by HCSN as a shell corporation to launder health care fraud proceeds.  According to court documents, Thoen was president of PCN. According to court documents, from 2004 through 2011, HCSN billed Medicare and the Florida Medicaid program approximately $63 million for purported mental health services. Fifteen defendants have been charged for their alleged roles in the HCSN health care fraud scheme, and nine defendants have pleaded guilty.  Alleged co-conspirators Wondera Eason and Paul Layman are scheduled for trial on March 11, 2013, before Judge Altonaga in Miami.  And alleged co-conspirators Alina Feas, Dana Gonzalez, Gema Pampin and Lisset Palmero are scheduled for trial on June 3, 2013.  Defendants are presumed innocent until proven guilty at trial. >>> The cases are being prosecuted by Special Trial Attorney William Parente and Trial Attorney Allan J. Medina of the Criminal Division’s Fraud Section. This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  In support of the Medicare Fraud Strike Force, the FBI Criminal Investigative Division’s Financial Crimes Section has funded the Special Trial Attorney position. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,480 defendants who have collectively billed the Medicare program for more than $4.8 billion.  In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers. To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.

CITY OF MIAMI BEACH

>>> Former Commissioner Diaz fires back at WDR for story last week on his being a Beach lobbyist in his own words

After last week’s Watchdog Report on former Miami Commissioner Victor Diaz, Jr.,  being a registered lobbyuiest for a project on Miami Beach where he spoke in front of the commission and it was approved by a six to zero vote by the body. The attorney took the WDR to task and the story. In an email after I asked him to clarify his concerns he wrote last Sunday. “I am NOT part of the120 Ocean Drive  “development team.”  I was asked to counsel regarding building community CONSENSUS on a proposed re-design of a project that was permitted and buildable, with fully vested development rights – which had been recognized in several legal challenges – dating back to 1996. We succeeded in getting the overall building height reduced. We made the building – by unanimous professional staff, board and community opinion – more contextual.

The building was presented to and received neighborhood and Miami Design Preservation League (preservationist) support. It also had support from residents and adjoining property owners. We succeeded in reducing a 5 story parking pedestal to 2 stories – reducing the massing by 55%. We also eliminated a poorly designed open plaza which – would have been an invitation to loud sidewalk retail or dining – into a Raymond Jungles designed enclosed, pedestrian friendly and fully landscaped plaza. Finally, we revised dated 1993 architecture with a new design unanimously praised by the Planning Staff and the City’s Historic Preservation Board as “stunning” and “vastly superior.” And for my efforts to do all of this, you attempt to impugn my reputation? Get the facts straight before you publish anything in your “Report”.  A true “Watchdog” is vigilant, not oblivious to the truth.
I stand by my decades long advocacy for better design, better understanding of historic preservation, community engagement and advocacy for good government and against political name-calling by politicians, unnamed sources and their press allies. If you are not part of the solution, then you are part of the problem. Sincerely, Victor M. Diaz, Jr.” >>> Editor’s note: He is a registered lobbyist for the development with the city clerk’s office and below is the orginal story last week with some changes after communicating with him by email.

>>> Former Commissioner Diaz becomes pitchman for development project, raises eyebrows with people that see him as White Knight

Victor Diaz, a former Miami Beach Commissioner for a year, chaired a Miami-Dade County Charter Review Committee in 2007- 2008 and has been an outspoken advocate of Historic Preservation has a new gig, being part of a development team (this should have said doing community outreach) for a project on the Beach. Diaz, an attorney and erudite speaker, and an ally and friend of Mayor Mattie Herrera Bower has been considered a community White Knight legally for a variety of issues for over a decade, and when it comes to the city’s building and zoning code and the preservation of historic buildings. He knows these laws like the back of his hand. However, Diaz was at the commission podium Wednesday presenting a project called 120 Ocean Drive LLC on the beach and he brought along with him some of the top land use and zoning attorneys in the county. Showing their support of the proposed project were premier land use attorneys Jeff Bercow, John Shubin and Kent Robbins sitting in front row seats in the commission chambers along with Pedro and David Martin, the primary developers of the project.

Diaz known to be outspoken with sometimes an abrasive manner is either loved or hated by people that know him but he now has some people (local activists that follow the commission meetings) shaking their heads that he is pursuing this line of work. And the man is not a cheap date when it comes to his representation and he is charging $750.00 an hour state Beach lobbyist documents. And the Duke University undergraduate and Yale Law School alumni has a host of civic and community awards and he has been named in publications as one of South Florida’s Legal Elite and a Florida Super Lawyer from 2007 to 2010 and he started his own firm a few years ago on the beach after practicing in Aaron Podhurst’s law firm in downtown Miami. The Watchdog Report contacted Diaz about this new line of work and asking for a comment but by my deadline, he had not responded to the email. (He said the email I sent asking for a comment went into his spam box).

CITY OF VIRGINIA GARDENS

>>> Virginia Gardens Man Sentenced to 37 months in Prison for Dealing in Firearms without a License

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo Barrera, Special Agent in Charge, Miami Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Scott Israel, Sheriff, Broward County Sheriff’s Office (BSO), and Ric L. Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), announce that Jose Antonio Quintana, 55, of Virginia Gardens, Florida, was sentenced today by U.S. District Judge Kenneth L. Ryskamp to 37 months in prison, to be followed by 3 years of supervised released, for dealing in firearms without a federal firearms license, in violation of Title 18, Untied States Code, Sections 922(a)(1)(A).

As part of the sentence, the Court ordered the forfeiture of 96 rifles, 79 shotguns, 418 handguns and approximately 25,889 rounds of ammunition that were seized from Quintana as part of the investigation, resulting in one of the largest firearms forfeitures from one individual in the Southern District of Florida. According to the criminal complaint, superseding information, and stipulated factual basis filed in the case, Quintana attended numerous gun shows across the State Florida between November 2008 and July 7, 2012.  At each gun show, Quintana sold firearms as purported “private sales.”  This practice allowed Quintana to benefit from a cash business without the expense of operating a storefront, reporting his activity to ATF, completing any ATF paperwork (ATF Form 4473), and without conducting the required background checks of any customers.

During this period, undercover ATF agents purchased eleven (11) firearms, valued at $6,115.00, from Quintana at various gun shows.  In one of the undercover purchases, Quintana claimed that the law allowed him to privately sell a reasonable unspecified quantity of firearms.  In the recorded conversation, Quintana stated, “Let us say, twelve, twenty four, thirty six, fifty, firearms per year.  Let us say, reasonable. . . I surpassed that a long time ago.” Mr. Ferrer commended the investigative efforts of ATF, BSO and PBSO.  Mr. Ferrer also thanked the Miami-Dade Police Department, the Miami Beach Police Department, the City of Miami Police Department, and the Virginia Gardens Police Department. The case was prosecuted by Assistant U.S. Attorney Adam McMichael. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

>>> OTHER STORIES AROUND FLORIDA

BROWARD COUNTY

>>> Former Local Union President and Former Executive Assistant Charged with Stealing Money from Union and Obstruction of Justice

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Richard L. Walker, Special Agent in Charge, U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, announced the unsealing of a 17-count indictment and the arrests of defendants Darryl Brice Payne, a/k/a Darryl “Mike D,” Payne, 47, of Sunrise, and Tianni Latrice Brown, f/k/a Tianni Latrice Wade, 31, of Lauderhill, Florida.

Payne and Brown are both charged in Count 1 with conspiracy to steal money, funds, property, and other assets of the International Longshoremen’s Association, AFL-CIO, Local Union No. 1526 (“ILA Local 1526”) in Fort Lauderdale, from March 2008 through August 2009.  During this time, Payne was President of ILA Local 1526 and Brown was Payne’s Executive Assistant.  Payne is also charged with ten counts (Counts 2-11) of theft of labor union assets, in violation of Title 29, United States Code, Section 501(c); one count (Count 12) of endeavoring to influence, obstruct or impede the due administration of justice, in violation of Title 18, United States Code, Section 1503; three counts of mail fraud (Counts 14-16), in violation of Title 18, United States Code, Section 1341; and making false statements (Count 17) in relation to a document required by the Employee Retirement Income Security Act of 1974 (“ERISA”) to be kept as part of an employee pension benefit plan, in violation of Title 18, United States Code, Section 1027.  Brown is also charged with eight counts of theft of labor union assets (Counts 2-9), endeavoring to influence, obstruct or impede the due administration of justice (Count 12), and making false statements to Special Agents of the U.S. Department of Labor, Office of Labor Racketeering and Fraud Investigations, in violation of Title 18, United States Code, Section 1001.

According to the indictment, Payne and Brown prepared and used false and altered documents to deceive union officials and obtain union funds purportedly to pay for legitimate assets, goods, services and travel expenses for the use of the union.  In fact, however, those expenses covered the personal expends of the defendants and others. The indictment also alleges that Payne and Brown corruptly endeavored to obstruct he grand jury investigation by causing the production of false documents in response to a federal grand jury subpoena, and by withholding and failing to produce other documents that were required to be produced in response to a federal grand jury subpoena.  The indictment also alleges that Brown made false statements to Special Agents of the Department of Labor’s Office of Labor Racketeering and Fraud Investigations, who were conducting the investigation.

Lastly, the indictment alleges that Payne engaged in a mail fraud scheme to deceive officials of the ILA Pension Fund by presenting a falsely altered U.S. Department of Labor document that made it appear as if he had received workers’ compensation for approximately four years (1991-1994).  In fact, however, Payne had received workers’ compensation payments for only about four months in 1991.  By using the falsely altered document, Payne was able to obtain one additional year credited to his time as a beneficiary of the ILA Pension Fund, which would enable him to obtain additional money to which he was not entitled upon his retirement.  The indictment alleges that Payne’s use of the same altered document violated another statute prohibiting making false statements in relation to a document required by ERISA to be kept as part of the records of an employee pension benefit plan.

If convicted, the defendants face the following possible maximum statutory sentences: Counts 1-11, 13, and 17: up to five years in prison; Count 12: up to 10 years in prison; and Counts 14-16:  up to 20 years in prison. Mr. Ferrer commended the investigative efforts of the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.  The case is being prosecuted by Assistant U.S. Attorney William T. Shockley. An indictment is merely an accusation and a defendant is presumed innocent unless proven guilty. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

>>> Thank you for using the Broward County Commission Agenda E-mail Notification System. A new Broward County Commission Agenda is available. Point your browser to http://www.broward.org/commission/welcome.htm to view the new agenda.

CITY OF HOLLYWOOD

>>> CEO Charged in Multi-Million Dollar Embezzlement Scam

Press release: Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, and Kathy Fernandez Rundle, State Attorney for Miami-Dade County, jointly announced the filing of a federal and state charges against defendant Kathryn Abbate, 64, of Hollywood, Florida. Abbate is charged by Information in the federal case with theft of money from programs receiving federal funds, in violation of Title 18, United States Code, Section 666.  If convicted, Abbate faces up to 10 years imprisonment, three years of supervised release, a fine of up to $250,000, and she may be ordered to pay restitution. In the state case, Abbate is charged by Information with one count of an organized scheme to defraud and one count of grand theft in the first degree, in violation of Florida Statutes Sections 817.034(4)(a)1 and 812.014(2)(a).  If convicted, Abbate faces up to 30 years imprisonment.

U.S. Attorney Wifredo A. Ferrer said “Holding accountable those who steal from the federal government for personal profit is one of my top priorities.  Kathryn Abbate, the former CEO of the Miami Beach Community Health Center, was charged today with stealing federal funds from the most vulnerable among us – the sick, the elderly and the poor.  We will not relent in our efforts to charge individuals who use the health care system to line their own pockets.  Our investigation remains ongoing.”  Kathy Fernandez Rundle, State Attorney for Miami-Dade County, said “There is no excuse for the theft of funds intended to heal the sick and the poor of our community.  Every stolen dollar took a part of a sick person’s future.  I am gratified that the State Attorney’s Office, the United States Attorney’s Office and the Miami-Dade Office Inspector General were able to develop the evidence to charge the responsible individual and to help correct an oversight system that allowed this theft to happen.”

According to the Information filed in U.S. District Court, from 2008 to 2012, Abbate was the Chief Executive Officer of the Miami Beach Community Health Center (“MBCHC”).  MBCHC was a federally qualified Health Center, which is a community-based organization that provides medical care to persons regardless of ability to pay, with locations in Miami Beach and North Miami, Florida.  To carry out its mission, MBCHC was funded by federal, state, and local grants, as well as private donors.  MBCHC received federal funds from the U.S. Department of Health and Human Services. Furthermore, according to the Information filed in U.S. District Court, Abbate embezzled money from MBCHC when she obtained unauthorized compensation by causing MBCHC to issue unaccrued vacation pay to her that was not approved nor authorized by the Board of Directors.  Abbate also caused MBCHC to disburse millions of dollars in over eight hundred checks made payable to her for “community development.”  Funds from these checks were subsequently misappropriated by Abbate.  Furthermore, Abbate knowingly provided fraudulent documentation to MBCHC’s auditors which falsely indicated that one million dollars of these funds were paid to five doctors.  The aggregate value of the property under the care, custody and control of MBCHC that the defendant is charged with embezzling was several million dollars. >>> U.S. Attorney Ferrer and State Attorney Rundle thanked the law enforcement agencies involved in this investigation, as well as MBCHC for its cooperation in the investigation.  The Federal case is being prosecuted by Assistant U.S Attorneys Michael N. Berger and Patrick Sullivan.  The State case is being prosecuted by Assistant State Attorneys Marie Perikles and Tim Vandergiesen. An Information is only an accusation and a defendant is presumed innocent unless and until proven guilty. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

CITY OF PLANTATION

>>> Guilty Plea Entered by Second Contractor Charged with Paying Bribes to Director of Traffic Engineering

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Marlies T. Gonzalez, Special Agent in Charge, U.S. Department of Transportation, Office of Inspector General, announced that Anthoneel Allen, 40, of Wellington, pled guilty today to conspiracy to commit bribery in programs receiving federal funds, highway fraud, mail fraud, extortion under color of official right, tax fraud, and Disadvantaged Business Enterprise fraud, all in violation of Title 18, United States Code, Section 371.  At sentencing, the defendant faces up to five years imprisonment, three years of supervised release and a fine of up to $250,000. Sentencing has been scheduled for April 26, 2013, at 1:30 p.m. Allen was charged, along with James Hashim, 50, of Plantation, in connection with a scheme wherein they paid bribes to Jihad El Eid, who was the Director of Traffic Engineering in the Division of Public Works in Broward County.   Hashim previously pled guilty on February 1, 2013.

According to the documents filed with the court, Allen owned Southeast Underground Utilities Corp., (“SUU”), in Plantation, Florida.  SUU installed, repaired and maintained street lights and traffic signals.  Prior to 2005, SUU did not have any contracts with the Broward County government or any Broward County municipality.  In or about 2005, Allen hired defendant Hashim to become SUU’s Vice President.  Hashim worked as an estimator and helped SUU obtain government contracts.  Allen admitted that beginning in 2006 through 2010, he and Hashim provided to El Eid more than $150,000 in cash; a 2003 Ford Taurus; and a job at SUU for El Eid’s relative, Wael El Eid, in order to curry favor with Jihad El Eid.  In return, El Eid helped SUU obtain work on significant multi-million dollar projects initiated by the Broward County Traffic Engineering Division, including: the Signalization and Street Light Installation (SSLI) contract, a contract to make installations and do repair work of the street lights and traffic equipment in Broward County; the Advanced Transportation Management System (ATMS Project), a federally-funded project, which required the contractor to install an integrated traffic control system which entailed laying underground cable and conduit in order to synchronize traffic flow within Broward County; and the Video Detection Contract (VDC), which required the contractor to install video detection cameras in various intersections in Broward County in order to improve traffic flow.  El Eid also assisted SUU concerning billing, specification and inspection matters that resulted in SUU being overpaid by at least $3,000,000.

Furthermore, according to court documents, Allen also admitted that he and Hashim conspired to evade paying federal income and employment taxes on bonuses and payments made by SUU related to the purchase of Hashim’s $1.25 million house in Plantation.  Allen also admitted that he filed a fraudulent application on behalf of SUU to have SUU certified as a Disadvantaged Business Enterprise (DBE), which resulted in SUU being awarded — directly or as a subcontractor — approximately 25 contracts from Broward County and other state, county and local governments in Florida based on its fraudulently obtained DBE status, which entitled SUU to receive in excess of $10,000,000 in government contracts. >>> Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, and the U.S. Department of Transportation, Office of Inspector General, in connection with the investigation of this matter.  Mr. Ferrer would also like to recognize the assistance provided by the Broward County Office of the County Attorney, the Broward County Professional Standards Section, the Federal Highway Administration, the Florida Department of Transportation, and the employees of the Broward County Traffic Engineering Division.  The case is being prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

PALM BEACH COUNTY

>>> Man Sentenced to 33 Months in Prison and 30 Years of Supervised Release for Failing to Register as a Sex Offender

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Neil DeSousa, United States Marshal, and Ric L. Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, announced that Ernesto Cedillo, 25, of Palm Springs, FL, was sentenced by U.S. District Judge Kenneth Ryskamp to 33 months in prison, to be followed by 30 years of supervised release following his guilty plea to the charge of  failing to register under the Sex Offender Registration and Notification Act (SORNA), in violation of Title 18, U.S.C. § 2250(a). According to court filings, Cedillo was convicted in Indiana for sexually molesting a 13-year old girl in July 2005.  Cedillo pled guilty and was convicted and sentenced in February 2007 to six years in prison in Indiana for that charge, with four years of the sentence suspended.  He was released in Indiana and then was found here in Florida in 2008 and sent back to Indiana because he failed to register as a sex offender in either state, pursuant to SORNA.  Based upon the Indiana failure to register Cedillo was jailed in Indiana again.  He was released in June 2011 and sometime after that he absconded.  Indiana authorities did not know his whereabouts and he failed to register under SORNA in Indiana again.

Sometime between June 2011 and September of 2012, Cedillo relocated to Palm Beach County and again failed to register with local police and was arrested by the Palm Beach County Sheriff’s Office on September 6, 2012.  Following his arrest, Cedillo admitted to having fled Indiana without registering because he knew there were warrants out for him up there.  He also admitted traveling to Florida and failing to register here, even though he knew he was required to do so under the law. Mr. Ferrer commended the U.S. Marshal Service and the Palm Beach County Sheriff’s Office for their work on the case.  This case is being prosecuted by Assistant U.S. Attorney Lauren Jorgensen. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

POMPANO BEACH

>>> Consultant for the Florida Department of Transportation Pleads Guilty To Accepting a Bribe

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Marlies T. Gonzalez, Special Agent in Charge, U.S. Department of Transportation, Office of Inspector General, announced that defendant Ron Capobianco, Jr., 40, of Pompano Beach, pled guilty today to committing bribery in connection with programs receiving federal funds, in violation of Title 18, United States Code, Section 666.  At sentencing, the defendant faces up to ten years imprisonment, three years supervised release and a $250,000 fine.  Sentencing has been scheduled for May 7, 2013, at 8:30 a.m. According to documents filed with the court, the defendant worked as a construction engineering and inspection consultant at an engineering company, which specialized in the transportation industry.  The Florida Department of Transportation (FDOT) contracted with this company to provide services, including designing, inspecting, and troubleshooting the construction of roads, signs, and traffic signals.  Because of his position and expertise, the defendant was consulted as an FDOT expert on certain aspects of signalization and lighting construction, including the use of video detection cameras for traffic signalization and control.

Furthermore, according to court documents, in 2009, FDOT began a road construction project along Highway 1 in the Florida Keys — the Marathon Key project — which was designed to improve traffic flow.  The defendant agreed to accept a bribe from a subcontractor working on this project.  In May 2009, an agent of the subcontractor offered to pay the defendant a bribe if the subcontractor received at least $25,000 for the installation of the video detection equipment.  The defendant agreed to the subcontractor’s $25,000 estimate for the installation of the video detection devices, thus enabling the subcontractor to make a significant profit.  The subcontractor’s estimate was approved and subsequently paid by the State of Florida after the installation of the video detection equipment.  In May 2009, the defendant met with an agent of the subcontractor and was paid $4,000 for his assistance to the subcontractor on this project. >>> Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, and the U.S.  Department of Transportation, Office of Inspector General, in connection with the investigation of this matter.  The case is being prosecuted by Assistant U.S. Attorney Jeffrey N. Kaplan. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

MARTIN COUNTY/HOBE SOUND

>>> Investment Advisor Sentenced to Prison in $2 Million Scheme

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announced that Paul D. Wolfe, 42, formerly of Hobe Sound, Florida, was sentenced today to 44 months’ imprisonment, to be followed by three years of supervised release.  Wolfe was also ordered to pay restitution in the amount of $2,279,148.36. Wolfe previously pled guilty to one count in an Information charging him with wire fraud in connection with an investment scheme involving approximately $2.2 million in losses.

According to court documents, Wolfe’s investment fraud scheme spanned from 2005 through 2011.  Wolfe, who operated as an unlicensed investment advisor, admitted that he provided false and fraudulent investment return data to numerous investors and that he inflated investment returns. Furthermore, Wolfe diverted investor funds, in part, to pay for his personal expenses. Mr. Ferrer commended the investigative efforts of the Federal Bureau of Investigation in this case.  The case is being prosecuted by Assistant United States Attorney Stephen Carlton. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

POLK COUNTY

>>> Press release: Gov. Scott taps Glenn T. Shelby to the Tenth Judicial Circuit Court.

Shelby, 57, of Lakeland, is a board-certified practitioner specializing in real estate transactions and estate planning. Prior to opening his own practice, Shelby was a partner with Shelby, Medina & Starge, LLP. He received his bachelor’s degree from Southern Methodist University and his law degree from the University of Florida.  Shelby will fill the vacancy created by the retirement of Judge John Laurent. Governor Rick Scott said, “Glenn is a Florida native, an admirable family man, and a committed community leader. He has a keen understanding of the proper role of the judiciary and will make a fine circuit court judge for the citizens of Polk, Highlands, and Hardee Counties.”

MONROE COUNTY

>>> Early Learning Coalition of Miami-Dade/Monroe gets clean audits for the year

Press release: The board of directors and staff of the Early Learning Coalition of Miami-Dade/Monroe are proud to report another year of clean audits. This means taxpayer dollars are in good hands with your Early Learning Coalition. On February 1, 2013, the Financial Management Systems Assurance Section of Florida’s Office of Early Learning reported that the 2012-13 Financial Monitoring Report for monitoring conducted in December 2012 was approved. Their review of the report determined no monitoring findings and that all financial monitoring requirements related to this report for program year 2012-13 had been met. This monitoring was conducted by Harvey, Covington & Thomas, LLC. This is a remarkable accomplishment considering the size of our budget and the number of monthly transactions.

Similarly, an audit conducted by Morrison, Brown, Argiz & Farra, LLC, reported no findings or observations in the Financial Statements for 2012. As a result of this achievement, there was no management letter issued again this year. The Early Learning Coalition of Miami-Dade/Monroe is here to serve you – our community. We are committed to providing you with the best possible services in the most cost effective way possible. We will continue to be transparent and accountable. Our board of directors and staff are committed to financial integrity that is second to none. We value your opinion.  Please let us know if you have any questions, concerns or general comments. We promptly respond to all inquiries. Send your comments to info@elcmdm.org.

COMMUNITY EVENTS

>>> The Good Government Initiative at the University of Miami Invites you to A Community Conversation & Luncheon – Obamacare – What’s Next? – Tuesday, February 26, 2013 11:30 a.m. Registration, Noon Lunch, 12:30 p.m. – 1:30 p.m. Conversation – Florida Blue – Doral Office 8400 NW 33rd Street Doral, Florida 33122 – With State Senator Rene Garcia, Senate Health Policy Committee;  Brian Keeley, President and CEO of Baptist Health South Florida; Carlos Migoya, President & CEO at Jackson Health Systems;  Penny Shaffer, Market President at Blue Cross and Blue Shield of Florida and Betsy Marville, RN Organizer for 1199 SEIU United Healthcare Workers East Florida Region. Moderated by Katy Sorenson, President and CEO of the Good Government Initiative.

Ticket Prices: General Admission $35 – Members* $30 – GGI Contributor (General Admission + $15 donation) $50 Table of 10 (Sponsor Table) $500

Student/Concerned Citizen $20 *made a donation of at least $100 this year -Don’t wait — space is limited! NO payment will be accepted at the door. Credit card payments can be made via PayPal (no account necessary to use PayPal) Please click on “register now” button below for registration and payment through PayPal (your payment via PayPal or by check is your confirmation to attend the event). To pay by check please send check made payable to the Miami Foundation to:  1320 South Dixie Highway, Suite 911 Coral Gables, FL 33146

no later than Friday, February 22. For more information, contact Jennifer at Jennifer@goodgov.net Register Now!

>>> Wednesday, February 27, 2013:  Downtown Bay Forum:  The Tea Party: What does it stand for? A Clash of Issues: 2nd Amendment, Immigration, Fiscal Policy Panelists: Marcos Sedo, President, South Florida Conservative Sandy Davies, Chapter leader, Progressive Democrats of America – Moderator:  Dr. Sean Foreman, Department of History & Political Science, Barry University

11:30 a.m. at Temple Israel, 137 NE 19th Street, Miami. Free self-parking available. $35 membership, $23 lunch for member with reservation, $58 membership & lunch, $27 non-member or member without reservation if space is available. To reserve, or for further information, call Annette Eisenberg at 305-757-3633. www.downtownbayforum.org

>>> March 2, 2013:  Chef’s Harvest Dinner – “Chefs Aaron Dreilinger and David Schwadron will prepare a delectable 6 course meal of local sustainably-grown foods paired with local beer and wines…Verde Gardens is the first low-income housing community in the country to have an 22-acre organic farm enterprise at it’s core.” 5 – 9 pm at The Farm @ Verde Gardens.  Sponsored by Earth Learning.  Further information at: http://earth-learning.org/index.php?option=content&task=view&id=128&-3-2-Chef-s-Harvest-Dinner=&Itemid=77

EDITORIAL

>>> With the federal sequester looming, Congress likely kicking fiscal can down the road that is quickly becoming Dead End Street

The recess of Congress for the next ten days to celebrate President’s Day with the looming Mar. 1 sequester deadline fast approaching but with no resolution insight of the fiscal dilemma that would automatically result in draconian cuts across the board in the military and social services budgets has the public shaking their heads as this fiscal nightmare looms in the weeks ahead. Congress will return Feb. 25 but given the complexity of the issues that takes a meat ax to cut defense spending and social programs and was originally proffered by the Barack Obama administration back in 2011 after a debt reduction deal could not be reached. A compromise has been impossible to reach though Republican House leaders note they have passed a budget for the last four years and it is the U.S. Senate that has dropped the ball by not passing their own budget, but all this finger pointing by both parties is getting the nation nowhere in resolving the problem.

And now political pundits are predicting the sequester will in fact begin to kick in early March because a compromise cannot be reached in the Congress and White House and has voters shaking their heads in frustration. For the nation is carrying $16.3 trillion in debt and growing the economy alone will not make that much of a dent in that liability the nation’s children and young adults will carry in the decades ahead. And with the Congress approval rating roughly 15 percent in the American public minds, one would think that this intransigence would slowly dissolve under the weight of the fiscal burden that must be addressed. And this lack of statesmanship and compromise by both political parties will accomplish little and in the long run, the problem still has to be addressed. Regardless if lawmakers want to kick the can down the road again, a road that is quickly becoming a Dead End Street.

LETTERS

>>> Letter to Editor by Shawn Khosravi in Miami Herald about COSMOS Dinner

I was invited and I attended the Coalition of South Florida Muslim Organizations (COSMOS) dinner on Feb. 9. It was truly an eye-opening experience. There were officials from federal and state agencies, as well as local, state and federal elected officials, including U.S. Rep. Patrick Murphy. Read more here: http://www.miamiherald.com/2013/02/15/3237063/peace-on-display-at-muslim-dinner.html#storylink=cpy
Shabbir Motorwala

>>> LIFETIME FOUNDING MEMBERS & INITIAL SPONSORS IN 2000

ANGEL ESPINOSA – (Deceased) owner COCONUT GROVE DRY CLEANER’S

HUGH CULVERHOUSE, Jr.

THE MIAMI HERALD     www.miamiherald.com (2000-2008)

ARTHUR HERTZ

WILLIAM HUGGETT, Seamen Attorney (Deceased)

ALFRED NOVAK

LINDA E. RICKER (Deceased)

JOHN S. and JAMES L. KNIGHT FOUNDATION  www.knightfoundation.org

THE HONORABLE STANLEY G. TATE

>>> Watchdog Report supporters – $2,000 a year

BADIA SPICES    www.badiaspices.com

FLORIDA POWER & LIGHT www.fpl.com

RONALD HALL

MIAMI-DADE COUNTY www.miamidade.gov

UNITED WAY OF MIAMI-DADE COUNTY www.unitedwaymiamidade.org

>>> Watchdog Report supporters – $1,000 a year

AKERMAN SENTERFITT   www.akerman.com

BERKOWITZ POLLACK BRANT Advisors and Accountants www.bpbcpa.com

RON BOOK

LINDA MURPHY: Gave a new laptop in Oct. 2001 to keep me going.

WILLIAM PALMER www.shutts.com

SHUBIN & BASS     www.shubinbass.com

>>> Public, Educational & Social institutions – subscribers at $1,000 or less

CAMILLUS HOUSE, INC.   www.camillushouse.org

CITY OF MIAMI www.miamigov.com.

CITY OF CORAL GABLES www.coralgables.com

CITY OF MIAMI BEACH www.miamibeachfl.gov

COMMUNITY PARTNERSHIP FOR HOMELESS www.cph.org

THE STATE OF FLORIDA www.myflorida.gov

GREATOR MIAMI CHAMBER OF COMMERCE www.miamichamber.com

GREATER MIAMI CONVENTION & VISITORS BUREAU www.miamiandbeaches.com

HEALTH FOUNDATION OF SOUTH FLORIDA  www.hfsf.org

MIAMI-DADE COUNTY COMMISSION   www.miamidade.gov

MIAMI-DADE COMMISSION OFFICE OF THE CHAIR www.miamidade.gov

MIAMI-DADE COUNTY ETHICS & PUBLIC TRUST COMMISSION www.miamidade.gov/ethics

MIAMI-DADE COUNTY INSPECTOR GENERAL www.miamidade.gov/ig

MIAMI-DADE PUBLIC SCHOOLS BOARD www.dadeschools.net

MIAMI-DADE PUBLIC SCHOOLS www.dadeschools.net

PUBLIC HEALTH TRUST & JACKSON HEALTH SYSTEM www.jhsmiami.org

THE BEACON COUNCIL   www.beaconcouncil.com

THE CHILDREN’S TRUST www.thechildrenstrust.org

THE MIAMI-DADE COUNTY LEAGUE OF CITIES www.mdclc.org

THE MIAMI FOUNDATION  www.miamifoundation.org

UNITED STATES OF AMERICA    http://www.firstgov.gov/

UNIVERSITY OF MIAMI             www.miami.edu

The Watchdog Report covers a few of the meetings attended weekly. It remains my belief that an informed public will make better decisions. Therefore, I go to meetings, make the presence of an informed citizen known, and bring the information to you.   The Watchdog Report is in the 13th year of publication and it has been an honor to be able to send this information to you. It is sent to readers in Miami-Dade, Florida, the U.S. and the world. The Watchdog Report is sent to thousands free and while readers have been prodded to subscribe the results have been mixed. Over 600 reports and Extra’s have been sent since May 5, 2000 and over one million words have been written on our community’s governments and events.  The report is an original work based on information gathered at public meetings, interviews and from documents in the public domain.

LETTER POLICY

I welcome letters via e-mail, fax, or snail mail. Letters may be edited for length or clarity and must refer to material published in the Watchdog Report.  Please see address and contact information. Please send any additions and corrections by e-mail, fax or snail mail. All corrections will be published in the next Watchdog Report. If you or your organization would like to publish the contents of this newsletter, please contact me. Please send your request to watchdogreport1@earthlink.net

Daniel A. Ricker

Publisher & Editor

Watchdog Report www.watchdogreport.net

Est. 05.05.00

Copyright © of original material, 2013, Daniel A. Ricker

>>> The Watchdog Report are now available to television stations web pages, and all the newspapers and other media in South Florida if the publishers have an interest to run part or all of the stories. Further, in 2000, I used to have some paper’s running the report in the Spanish press, that option is available again, and publishers should contact me.  The news content will not be free, but you can pick and chose the stories of interest, edit them if necessary but you must still keep the general story intact.  If you are a news outlet and would like to learn more about, the Watchdog Report and this offer contact me at watchdogreport1@earthlink.net for further information.  >>> Here is what past newspapers have written about the Watchdog Report publisher including a survey and regional study done by the U. North Carolina at Chapel Hill on the media in the southeast United States.

>>> The Miami Herald and Orlando Sentinel & Sun-Sentinel articles on the Watchdog Report publisher over the years. >>> Published on September 9, 1999, Page 1EA, Miami Herald, The (FL) CITIZEN ADVOCATE’ KEEPS TABS ON POLITICIANS >>> Published on January 3, 2000, Page 1B, Miami Herald, The (FL) MIAMI-DADE WATCHDOG WILL BE MISSED >>> >>> To read the full section large two page front page story, but without the photos and smart box graphics, go to: `I Go When You Cannot’ – Sun Sentinel 20 Jan 2003 … Sometimes Dan Ricker lives in the dark so others may live in the light. … to his weekly Watchdog Report have finally mailed their checks. … http://articles.sun-sentinel.com/2003-01-20/news/0301190341_1_ricker-school-board-president-miami-s-first-cuban-american >>>Watchdog Report publisher named ‘Best Citizen’ 2003 by the Miami New Times  —The publisher would like to thank the weekly alternative paper Miami New Times for bestowing their 2003 Best of Miami, ‘Best Citizen’ award to me and I am honored.  Thank you. To read the full story go to http://www.miaminewtimes.com/issues/2003-05-15/citylife2.html/1/index.html

From the spring of 2003:  U. North Carolina, Chapel Hill:  Southeast U.S. Media Report lists Watchdog Report publisher as leading Florida commentator >>> Selected excerpts from the report on Florida’s media sources

Those who do read the newspaper in Florida have a bevy of options for state government and political coverage. The dominant newspapers in the state are Knight-Ridder’s The Miami Herald (Acquired by The McClatchy Company in 2006) and the Poynter Institute’s St. Petersburg Times. Both papers endorsed Gore in 2000 but split on the 2002 gubernatorial race, with the Herald endorsing Republican incumbent Jeb Bush and the Times backing Democratic challenger Bill McBride. Daniel Ricker of The Miami Herald also writes an influential column as well as an email newsletter called the Watchdog Report that goes out to more than 100,000 subscribers. FEBRUARY 2004 – Florida: Columnists in Abundance –ERIC GAUTSCHI, graduate student, School of Journalism & Mass Communication, UNC-Chapel Hill – D) LEADING COMMENTATORS – Resource Commentator Organization Type Web site –Steve Bousquet St. Petersburg Times Column www.sptimes.com/columns/bousquet.shtml -“First Friday” WPBT TV (Miami) TV Show www.channel2.org/firstfriday/issues.html –Lucy Morgan St. Petersburg Times Column www.sptimes.com/columns/morgan.shtml –Daniel Ricker Miami Herald/Watchdog Report Newsletter >>> Readers who would like to read the complete University of North Carolina, Chapel Hill Southeast United States Media Report go to view the complete report or download all the data used in this study. >>> Watchdog Report Editor’s note to the NCU/CH study: The subscriber number referenced is incorrect and applies to readership.

General subscriber’s names will not be published in the Report. To subscribe to the Watchdog Report please use the form below as a subscription invoice.

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