Archive for September 2014

 
 

Watchdog Report Vol.15 No.21 September 21, 2014 EST. 05.05.00 – I go when you cannot – Celebrating 15 Years

CONTENTS
Argus Report: Baptist Health gives Miami Museum of Science $5 million shot in the arm, for major preventative health & wellness exhibit in the new state of the art museum going up in Museum Park
Florida: With 43 days to gubernatorial election, Crist & Scott neck and neck in polls, attack ads get fact checked and question is how low will candidates go? And turnout is the key factor for Dems if they are to have a chance

Miami-Dade County: Farm Share distributes some 7.1 million pounds of food per year, through 447 community based organizations, gets $500,000 in county funding – Date changes to Nov. 24th for Levine Cava swearing in and election of commission chair

Miami-Dade County Public Schools: Hail Perez and Hantman, reelected to nine member board after facing challengers for first time in many years

City of Miami: Miami finally is complying with Financial Integrity Ordinance after Mayor Diaz blows through reserves years ago, reserves about to top $100 million

City of Miami Beach: “Only a select group of officers will get cameras, not all at once,” Beach Police Chief Oates tells County CRB members

City of North Miami: Resident Convicted in Identity Theft Tax Refund Fraud Scheme

City of Hialeah: Owner of Home Health Care Company Sentenced to Nearly Six Years in Prison for Role in $6 Million Medicare Fraud Scheme

City of Coral Gables: Commission taps outsider from Atlanta to be new Mgr. James Beard Named as Coral Gables City Manager

City of Homestead: Owner of Home Health Care Company Sentenced to 75 Months in Prison for $6.5 Million Medicare Fraud Scheme

Broward County: Rothstein Associates Charged with Conspiracy to Commit Wire Fraud

FT. Lauderdale: Florida Home Health Care Company and Its Owners Agree to Resolve False Claims Act Allegations for $1.65 Million

Palm Beach County: Palm Beach County Couple Charged with Bankruptcy Fraud

Monroe County: Former Cay Clubs Executives Charged in Connection with$300 Million Ponzi Scheme Involving Sales of Vacation Rental Units

Community Events: Greater Miami October Chamber luncheon: U.S. Sen. Bill Nelson – Mike Fernandez Flag of gratitude and video – The Adrienne Arsht Center for the Performing Arts of Miami-Dade County and the University Of Miami Present The Regional Premiere Of Peter and the Starcatcher Arsht Center production- Margulies Warehouse opens in Oct. Lotus House benefits, public students enter free

Editorials: If you live in Miami-Dade County “we are all in this together,” says CRB member when it comes to ethnic issues and hate crimes after recent rash of anti-Semitism incidents including murder of Rabbi going to Synagogue

Letters: What happened to parking at County Hall, part of FEC project says Noriega of Miami Parking Authority – Reader on video tapeing county procurement bid protests-  Grovite urges public to come to City of Miami public budget hearing to urge the hiring of more police officers- Reader wishes me a speedy recovery-

Sponsors – Publisher’s mission statement & Subscription information is at the bottom of this issue

>>> 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.)

>>> If you wish to be deleted, just e-mail me with that message.

>>> I apologize to the few people that may get this tonight who asked to be deleted, from an old list that was used last week, I think I got all of you but just in case I apologize in advance for the inconvenience and intrusion.

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  www.miami.edu to maintain my webpage. The Watchdog Report webpage is free, has no pops-up and is just the news in a mainstream reporting manner.
>>>> CLARIFICATION: IN LAST week’s WDR it was reported that Architectonia was selected to do the Coconut Grove Playhouse Renovations, that was incorrect and the selection is still under the Cone of Silence at Miami-Dade County and no proposal or selection has yet to be made said Michael Spring who is spearheading the overall project at the County.
ARGUS REPORT – Heard, Seen on the Street
>>>> Baptist Health gives Miami Museum of Science $5 million shot in the arm, for major preventative Health and wellness exhibit in the new state of the art museum going up in Museum Park
The new Patricia and Philip Frost Museum of Science got a shot in the arm from Baptist Health South Florida after the healthcare system donated $5 million to a health and wellness exhibit that emphasizes good health and taking care of your body including how to avoid obesity something that has exploded in the public schools and Baptist’s involvement in preventative medicine has a long history in the community offering many initiatives including numerous smoking cessation programs, yoga classes, and Baptist recently advertised on WLRN/NPR 91.3FM,  a free CT Scan screening of the lungs with a physician’s prescription looking to catch lung cancer in its early stages not picked up with a conventional chest x-ray for long time smokers.
Further, even at the Baptist, South Miami Hospital, the cafeteria for employees only serves Mediterranean Diet foods that are considered very healthy and the faith based not for profit is a  major new donor for the Museum along with the Knight Foundation that is contributing $5 million to the state of the art facility being built  on museum Park and was of concern to the Watchdog Report when it suddenly fired its construction company, but it appears the project is back on track and is expected to open in late 2016 after first hoping to be completed by 2015. Further the $275 million museum has gotten 165 million in public county bond money, and has raised over $87 million with a total fund raising goal of $135 million state’s the Miami Herald. And some 2, 7000 kids will have free access to the museum including free transportation through the Public Schools District. For more on the donation go to: http://www.miamiherald.com/news/local/community/article2111768.html and for more on Baptist go to www.baptisthealth.net

>>>  of Next Week’s United Nations General Assembly, Ros-Lehtinen Introduces Two Bills Aimed at Inducing Reforms Within Two of the UN’s Most Broken Bodies

Press release: U.S. Rep. Ileana Ros-Lehtinen (R-FL), Chairman of the Middle East and North Africa Subcommittee, made the following statement today after introducing the UNRWA Anti-Terrorism Act and the United Nations Human Rights Council Accountability Act. Statement by Ros-Lehtinen:

“The strikes from inside Gaza and the response at the UN by the Human Rights Council and UNRWA further cement my belief that these two bodies are part of the problem and have no interest in finding a resolution to the Israeli-Palestinian peace problem but would rather perpetuate the violence at the expense of Israel.

The fact that Hamas missiles were found under at least three UNRWA run schools reaffirms a troubling pattern that shows that UNRWA has been remarkably and dangerously inattentive to what is going on inside its facilities, it was willingly turning a blind eye, or both. The United States has been the largest contributor to UNRWA – with the American taxpayers having been on the hook for nearly $300 million last year alone – and therefore has a responsibility to ensure that our funds are not aiding Hamas, a designated foreign terrorist organization. The only way we can ensure we are not complicit in the aiding of Hamas through UNRWA is to withhold our funds from that body until such a time in which it severs all ties with Hamas, takes accountability for its actions and is completely transparent and above water with all of its operations in Gaza.

“We also must withdraw from the UN Human Rights Council and withhold funding until it can show it is no longer interested in pursuing only an anti-Israel, anti-American agenda. As long as the U.S. remains on that body, we give its agenda credibility and legitimization. Its latest charade to appoint an obviously biased panel to investigate what it claims are human rights violations against Israel during Operation Protective Edge without even mentioning Hamas or its use of human shields in violation of international humanitarian law is a step too far. There can be no justification for the UN Human Rights Council – which is populated with some of the world’s worst human rights violators such as China, Russia, Saudi Arabia, Vietnam, Venezuela and Cuba – to continue to be the supposed arbiter of human rights. The only way to bring about the reforms needed at this much maligned institution is for the Obama Administration to use our most effective form of leverage – the power of the purse.”

NOTE: UNRWA is the United Nations Relief and Works Agency for Palestine Refugees in the Near East which was created strictly to provide humanitarian assistance to Palestinian refugees in 1949. UNRWA has a history of subverting U.S. laws, aiding violent Islamic extremists, propagandizing against the democratic Jewish State of Israel and in favor of Hamas, and working with banks targeted by the United States for money laundering and terrorist financing

>> Good Government Initiative takes up local VA problems with panel of experts at Beacon Council function. The Good Government Initiative and the Miami-Dade Beacon Council are holding a discussion on the Miami VA and given the millions of veterans that were promised healthcare for their service to the nation after fighting in two wars over the past 13 years it is sure to be an interesting discussion that already cost the department’s Secretary his job. The VA responds that veterans get only the best medical care but here in Miami a number of patients got colonoscopies from equipment that was not properly cleaned a few years ago and the latest scandal involved long waiting lists for people needing treatment and ultimately cost the Secretary his job and below is the information on the meeting and panel discussion. http://www.nbcnews.com/storyline/va-hospital-scandal An ACCESS Series Event | Thursday, August 28 | promptly at 8 am The Beacon Council | 80 SW 8th Street, Suite 2400, Miami, FL

>>> Press release: Zogby Report Card: Too cautious to be FDR, but winning By: John Zogby Forbes.com Contributor

Pollster John Zogby reports in our weekly White House report card that President Obama isn’t anything like the Roosevelts in Ken Burns’ television special but is steadily winning his big battles. “For those who may be riveted — like me — by Ken Burns’ new series on the Roosevelts, Barack Obama is not Theodore, Franklin nor Eleanor. Faced with overflowing cups of crises nationally and worldwide, the Roosevelts not only acted boldly but also defined their response in ways easily understood by the American people. Please click on the link below to view the full release:
http://zogbyanalytics.com/news/498-zogby-report-card-too-cautious-to-be-fdr-but-winning

FLORIDA

>>>> With 43 days to gubernatorial election, Crist & Scott neck and neck in polls, attack ads get fact checked and question is how low will the candidates go? And turnout is the key factor for Dems if they are to have a chance

With the airwaves filled with political attack ads by the candidates former GOP Gov. Charlie Crist got a break when the media tracked down the attorney that is claiming Crist was up for sale when it came to judicial appointments which has turned out not to be proven yet   http://www.miamiherald.com/news/politics-government/state-politics/article2128861.html But after all the ads the race has tightened up in the statewide polls and the election is only 45 days away but what is clear is the Crist campaign needs to kick in the enthusiasm after burners for among the Democratic Party faithful the general feeling is Crist is not Scott and it is more about hating the other candidate and that Crist offers the only hope for the party if they are to ever take back the governor’s mansion. http://www.nytimes.com/2014/09/21/us/a-florida-race-strains-wallets-and-allegiances.html?_r=0 However, Scott is expected to spend some $100 million on his campaign to Crist who will likely have about half of that amount but it will be voter turnout that is the deciding factor and since it is an off year election  the GOP traditionally gets a better turnout in these lower profile races that do not include a president on the ballot that generally generates a higher voter turnout of registered voters that statewide has more Democrats registered but will they turnout is the real question. Further people don’t realize the governor will also in the course of his term name some 4,0000 people to a host of state boards and these appointments can have a profound influence on Florida and is a legacy of whoever is in the office.

Take a virtual tour or view the live construction camera of the new Patricia and Phillip Frost Museum of Science, opening 2016. Here is the latest video on the construction of the Museum: http://www.youtube.com/watch?v=Ny04j2eBDyU&feature=youtu.be

Crist

Scott

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, Jr., Chair The Children’s Movement. >>> Update: Two encouraging meetings… The first, a visit from the Governor to the Rainbow Intergenerational Child Care center in Little Havana where he discussed his early learning priorities. That includes his support for “Help Me Grow,” a statewide parent resource system where parents would be able — via phone and online — to get answers to questions about their child’s development and connected with the proper resources. The second, a meeting with future House Speaker, Rep. Jose Oliva from Hialeah. He’s a father of three, a real reader of history and student of policy, and committed to better understanding early learning. Dave Lawrence, Chair The Children’s Movement.

>>>> Former Miami Herald Publisher Lawrence does his first political campaign ad for state Rep. Erik Fresen.

David Lawrence Jr., for the first time he says appeared in a political ad on Sunday supporting state Rep. Erik Fresen, R-Miami in his reelection bid for the House 114 seat and Fresen is facing NPA candidate Ross Hancock and Daisy Baez, a Democrat in the local race but the campaign ad surprised the Watchdog Report since Fresen is also a strong advocate of charted schools and has a relative that works for one of the big chains of management companies.

MIAMI-DADE COUNTY

>>> Farm Share distributes some 7.1 million pounds of food per year, through 447 community based organizations, gets $500,000 in county funding – Date changes to Nov. 24th for Levine Cava swearing in and election of commission chair

The County Commission approved a $1.6 billion budget for next year starting Oct. 1 and one community organization Farm Share did very well during the public hearings. The organization that collects food and distributes it to needy families. Farm Share got $500,000 in funding and former state Sen. Daryl Jones, D- Miami asked the commission for even more funding and he noted the organization “distributed some 7.1 million pounds of food,” over the past year through some “447 community based organizations,” and was recognized by past governors as “the best public private partnership in the state,” and the organization is very efficient with a very low administrative cost    http://www.miamiherald.com/news/local/community/miami-dade/article1974576.html and for more on Farm Share go to www.farmshare.org

What about the swearing in of new Commissioner Daniella Levine Cava?

The newly elected commissioner Daniella Levine Cava asked Commission Chair Rebeca Sosa last week if she could change the date for her swearing in ceremony and when the commission votes on its new chair to Nov. 24 and the body agreed to the date change and while a motion was her first victory on the 13 member commission.

Further, Levine Cava elected to the District 8 seat on the dais has been having Sunshine Meetings with her fellow commissioners to hear their views on a variety of matters and is showing she is doing her homework prior to sitting on the body after she defeated incumbent Commissioner Lynda Bell in a tough well financed commission race.


Gimenez

Levine Cava

GMCVB Press release: RECORD ACCOMMODATIONS AND FOOD SERVICE JOBS IN GREATER MIAMI AND THE BEACHES REPORTED FOR AUGUST 2014 MARKING 4 YEARS AND 8 MONTHS OF CONSECUTIVE JOB INCREASES
Greater Miami’s Accommodations and Food Service jobs increased +2.5% in August 2014 compared to the same period in 2013. This marks 4 years and 8 months of consecutive increased employment in Greater Miami’s Accommodations and Food Service Industry.

Record Greater Miami Accommodations and Food Service Jobs
August 2014 August 2013 % Change
113,600 110,800 +2.5%

MIAMI-DADE PUBLIC SCHOOLS

>>> Hail Perez and Hantman, reelected to nine member board after facing challengers for first time in many years

School Board members Perla Tabares Hantman and Marta Perez were both reelected to the nine member school board.  Hantman is the board’s dean since she is the longest serving and Perez also got a challenger, which is something rare since she was first elected back in 1998 and she has been a persistent critic on the board of administration spending, especially when Rudy Crew was the superintendent but that has changed since Alberto Carvalho took the helm of the nation’s fourth largest public schools district and Perez has actually said in public that Carvalho was doing a great job and in the case of Hantman, she has been the long time chair of the board and with the new elections finished she is expected to stay on in that leadership capacity and she is a stickler for following board rules and runs a good meeting which is no small task given the personalities on the board.


Taberes Hantman

Perez

CITY OF MIAMI

>>>> Miami finally is complying with its Financial Integrity Ordinance after former Mayor Diaz blows through reserves years ago, reserves about to top $100 million

For the first time since 2000 when the city had a state mandated financial oversight board watching how commissioners spent taxpayer money the city will soon be complying with the Miami Financial Integrity Ordinance that mandates there is over $100 million in reserves but the ordinance has been ignored for years after past Mayor Manny Diaz blew through these funds and left the city practically broke when he left office back in 20009  and the administration has been slowly building up this number to the current level and Miami residents are glad the city’s fiscal house is finally getting back in place after having a rocky financial history for many years that had the city’s bonds rated as Junk at the turn of the Century and it was years earlier that the state financial advisory oversight board was created to keep commission spending in check.

>>>> Miami Resident Sentenced in Identity Theft Tax Fraud and Social Security Schemes

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Thomas Caul, Special Agent in Charge, Social Security Administration (SSA), Office of Inspector General, announce that Kevin Cimeus, 21, of Miami, was sentenced before Judge William J. Zloch to 156 months in prison, to be followed by three years of supervised release.

On June 20, 2014, Cimeus was convicted after a four day jury trial in Fort Lauderdale for his roles in identity theft tax fraud and social security schemes. Specifically, Cimeus was convicted of ten counts in the superseding indictment, including one count of conspiracy to steal government property or money, in violation of Title 18, United States Code, Section 371, three counts of theft of government money or property, in violation of Title 18, United States Code, Section 641, one count of access device theft, in violation of Title 18, United States Code, Section 1029(a)(3), and five counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).

According to records filed in this case and statements made in court, federal agents found over 2,400 social security numbers and names of real people stored on thumb drives, laptop computers, iPad, and Cimeus’ email account at Cimeus’ residence. The evidence at the trial also showed that Cimeus recruited Miami Dade College (MDC) students to allow the defendant to use their Higher One Bank accounts to receive fraudulently obtained tax refunds and that Cimeus used his own Higher One Bank and Chase accounts to receive fraudulently obtained tax refunds. Cimeus filed at least one thousand tax returns from two IP addresses. He also used the two IP addresses to access the Social Security Administration’s web site and create online profiles for social security recipients in order to re-route the victims’ social security payments to other accounts. Mr. Ferrer commended the investigative efforts of FBI, IRS-CI, and the SSA. This case is being prosecuted by Assistant U.S. Attorneys Gera R. Peoples and Cynthia Wood. 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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

CITY OF NORTH MIAMI

>>> North Miami Beach Resident Convicted in Identity Theft Tax Refund Fraud Scheme

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Paula Reid, Special Agent in Charge, U.S. Secret Service (USSS), and J. Scott Dennis, Chief, North Miami Beach Police Department, announce that Paul Borgella, 35, of North Miami Beach, was convicted by a federal jury of three counts of theft of government funds, in violation of Title 18, United States Code, Section 641, for his participation in a stolen identity tax refund fraud scheme. Sentencing is scheduled for December 3, 2014, before U.S. District Judge Marcia Cooke. Paul Borgella faces a maximum term of 10 years in prison.

Co-defendant Carl Borgella, 32, of North Miami Beach, previously pled guilty to one count of conspiracy to steal tax refunds, in violation of Title 18, United States Code, Section 371, and one count of theft of government funds, in violation of Title 18, United States Code, Sections 641 and 2. Carl Borgella was sentenced on June 11, 2014 to 36 months in prison, followed by three years of supervised release, and was ordered to pay restitution of $288,044.21.

According to records filed in this case and statements made in court, in 2011, Carl Borgella and Paul Borgella each opened a business bank account for “TRCJ Asset Services,” a company incorporated in Florida listing Carl Borgella as the president and Paul Borgella as the vice president. From January 2011 to September 2011, the defendants used the bank accounts to receive over 300 fraudulently obtained United States Department of Treasury tax refunds via Electronic Funds Transfers. All of the tax refunds deposited into the bank accounts were issued as a result of fraudulent tax returns that contained materially false information and were filed using stolen personal identifying information. During the course of the conspiracy, the bank accounts received fraudulently obtained tax refunds totaling over $400,000. The defendants would then withdraw money from the bank accounts and use the money for their personal expenses by making ATM withdrawals, debit card payments, and issuing checks.

Mr. Ferrer commended the investigative efforts of IRS-CI, the USSS, and the North Miami Beach Police Department. The case is being prosecuted by Assistant U.S. Attorneys Vanessa Snyder, Cristina M. Moreno and Amanda Perwin.

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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

CITY Of HIALEAH

>>> Owner of Home Health Care Company Sentenced to Nearly Six Years in Prison for Role in $6 Million Medicare Fraud Scheme

A co-owner of Professional Medical Home Health LLC was sentenced today to serve 70 months in prison and ordered to pay $6.2 million in restitution for her participation in a health care fraud scheme involving the now defunct home health care company.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, and Acting Special Agent in Charge Reginald France of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Office of Investigations Miami Office made the announcement.  U.S. District Judge Federico A. Moreno of the Southern District of Florida imposed the sentence.

According to court documents, Annarella Garcia, 44, of Hialeah, Florida, was a co-owner of Professional Medical Home Health, a Miami home health care agency that purported to provide home health and therapy services to Medicare beneficiaries.  Between December 2008 and February 2014, Garcia and others engaged in a scheme to bill the Medicare Program for expensive physical therapy and home health care services that were not medically necessary or were not provided.  During that time, Professional Medical Home Health was paid approximately $6.25 million by Medicare for the fraudulent claims.

Specifically, Garcia and her co-conspirators paid kickbacks and bribes to patient recruiters in return for their providing patients to Professional Medical Home Health for home health and therapy services that were not medically necessary or were not provided.  In furtherance of the scheme, Garcia and her co-conspirators falsified patient documentation to make it appear that beneficiaries qualified for and received home health care services, when, in fact, many of the beneficiaries did not actually qualify for such services and did not receive such services.

Garcia pleaded guilty to conspiracy to commit health care fraud on June 25, 2014.

The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  This case is being prosecuted by Trial Attorneys A. Brendan Stewart and Anne P. McNamara of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 1,900 defendants who have collectively billed the Medicare program for more than $6 billion.  In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are 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.

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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

CITY OF MIAMI BEACH

>>>> “Only select group of officers will get cameras, not all at once,” Beach Police Chief Oates tells County CRB

Miami Beach Police Chief Dan Oates had his debut with the Miami-Dade County Community Relations Board (CRB) and the CRB is a community safety valve for many ethnic tensions in the community and provides Goodwill Ambassadors to the Beach for big events like Memorial Day where thousands of people descend on the Beach community and have had some incidents of major gunfire and police involvement. Oates noted that he is still new in many respects and is just getting to know the community he said. He showed CRB members the demographics of the police force and noted the one area they were low on was “women” and while he needs to hire some 17 officers. He has already changed one procedure and Beach Police officers will not be able to shot at someone using a car as a weapon (Unless deadly force  is being used other than the vehicle), he told CRB members since the bullets can hit innocent bystanders he said.

Oates said that while the idea of putting cameras on the officers, it won’t be all of them at first but a “select group of officers will get the cameras and it won’t be all at once,” and he thinks the devices are a good idea and will become commonplace for police in the future he predicted. The real “challenge [with cameras] and expense will be storage and retrieval of this massive amount of information. Further, Oates noted Miami Beach “was a very complex city and the city does not sleep,” he observed and in many ways the Beach feels like “New York City,” where he had been a policemen before for 21 years he observed. He also noted the department has 140 civilians and part of his philosophy is getting the police “out in the community,” he said. He also noted this was the third time he had become a “outside chief,” in his career and that it takes a while to learn about a community and why he is talking to the “senior ranks of officers and sergeants,” to get their perspective of the city. http://www.miaminewtimes.com/2014-07-03/news/dan-oates-miami-beach-police-aurora-colorado/full/

Oates

CITY OF CORAL GABLES

>>> Commission taps outsider from Atlanta to be new Mgr. James Beard Named as Coral Gables City Manager

Mr. James A. Beard has been selected as the next City Manager of the City of Coral Gables. The unanimous City Commission decision was made today at the special City Commission meeting held to select a new City Manager. Five executives selected as finalists for this position were interviewed by the City Commission on September 13.

Mr. J. Anthony Beard is a senior executive with more than 20 years of experience in finance and government administration. He has been the Chief Financial Officer of the City of Atlanta for the past four years. He has an MBA from Northwestern University’s Kellogg School of Management and a Bachelor of Business Administration from Florida International University.

In April, the City of Coral Gables began the process of searching for a new City Manager after the resignation of the former City Manager. The firm Colin Baezinger & Associates was contracted to narrow down a list of potential candidates. The City Commission also appointed a Citizen’s Advisory Committee to involve the community in the process to find a permanent City Manager. The salary and benefits package with the new City Manager are still to be negotiated and will be approved by the City Commission. For additional information, please contact the Office of Public Affairs at 305-460-5205.

Beard

>>> Three Patient Recruiters Sentenced in $20 Million Miami Health Care Fraud Scheme

Press release: Three patient recruiters were sentenced to prison today for their participation in a $20 million health care fraud scheme involving defunct home health care company Trust Care Health Services Inc. (Trust Care). U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Acting Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.  U.S. District Judge Darrin P. Gayles of the Southern District of Florida imposed the sentences.

Estrella Perez, 57, of Coral Gables, Florida, was sentenced to serve 37 months in prison, followed by three years of supervised release, and ordered to pay $1,172,162 in restitution.  Solchys Perez, 34, of Miami, was sentenced to serve 30 months in prison, followed by three years of supervised release, and ordered to pay $746,600 in restitution.  Abigail Aguila, 40, of Miami, was sentenced to serve 30 months in prison, followed by three years of supervised release, and ordered to pay $491,438 in restitution.  On July 10, 2014, Estrella Perez and Solchys Perez pleaded guilty to conspiracy to commit health care fraud, and Aguila pleaded guilty to conspiracy to defraud the United States and receive health care kickbacks.

According to court documents, Estrella Perez, Solchys Perez, and Aguila recruited patients for Trust Care, a Miami home health care agency, in exchange for kickbacks paid in cash or by check to the defendants or their shell companies.  In turn, Trust Care billed the Medicare program for home health care and therapy services that were not medically necessary or were not provided.Estrella Perez and Solchys Perez also paid kickbacks and bribes to co-conspirators in doctors’ offices and clinics in exchange for home health and therapy prescriptions, plans of care and medical certifications for their recruited patients.  Co-conspirators at Trust Care then used these documents to fraudulently bill the Medicare program for services. From March 2007 through January 2010, Trust Care submitted approximately $20 million in false claims for home health services.  Medicare paid Trust Care approximately $15 million for these fraudulent claims.  On Sept. 16, 2014, another patient recruiter, Monica Macias, was sentenced to serve 24 months in prison for her participation in the same scheme.

The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  This case is being prosecuted by Trial Attorneys A. Brendan Stewart and Anne P. McNamara of the Criminal Division’s Fraud Section. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion.  In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are 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.

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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

CITY OF HOMESTEAD

>>>> Owner of Home Health Care Company Sentenced to 75 Months in Prison for $6.5 Million Medicare Fraud Scheme

Press release: The owner and operator of a Miami home health care company was sentenced to 75 months in prison today for her participation in a $6.5 million Medicare fraud scheme involving the now defunct home health care company, Nestor’s Health Services Inc. (Nestor Home Health). U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, and Acting Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office, made the announcement.  U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida imposed the sentence.

Cruz Sonia Collado, 64, of Homestead, Florida, was an owner and operator of Nestor Home Health, a Miami home health care agency that purported to provide home health and physical therapy services to Medicare beneficiaries.  On June 23, 2014, Collado pleaded guilty to one count of conspiracy to offer and pay health care kickbacks and to defraud the United States, and one count of offering and paying health care kickbacks.  In addition to her prison term, Collado was sentenced to serve three years of supervised release and ordered to pay $6,536,657 in restitution. According to court documents, Collado paid kickbacks and bribes to patient recruiters in return for the recruiters providing patients to Nestor Home Health for home health care and therapy services that were medically unnecessary and, in many instances, not provided.  Collado then fraudulently billed the Medicare program for home health care services on behalf of the recruited patients.From March 2009 through at least January 2014, Nestor Home Health submitted more than $6.5 million in false claims for home health services.  Medicare paid Nestor Home Health more than $6.1 million for these fraudulent claims. The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  This case is being prosecuted by Trial Attorneys Anne P. McNamara and A. Brendan Stewart of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion.  In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are 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.

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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

BROWARD COUNTY

>>>> Rothstein Associates Charged with Conspiracy to Commit Wire Fraud

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce the filing of charges against David Boden, 52, of Hallandale Beach, and Richard L. Pearson, 57, of Miami, for conspiring to commit wire fraud in connection with the operation of the former Fort Lauderdale law firm of Rothstein, Rosenfeldt and Adler, P.A. (RRA). In 2009, it was discovered that RRA was being utilized by its Chairman and Chief Executive Officer, Scott W. Rothstein, to commit a massive Ponzi scheme stemming from the sale of fictitious confidential settlements.

According to the information which was filed earlier today, Boden was an attorney who, in April 2008, began employment at RRA as a non-equity shareholder. Pearson agreed to act as a broker for Rothstein’s settlements. In February 2009, Boden began assisting Pearson in the sale of the settlements. Pearson would receive a sales commission from Rothstein derived from the money paid by the investor, and would pay a portion of that sales commission to Boden for his services. Beginning in September 2009, a group of investors (hereinafter referred to as “the Investor Group”) began investing in the confidential settlement agreements following a meeting with Rothstein. Boden and Pearson agreed that the Investor Group would pay a sales commission directly to Pearson. The Investor Group was not informed by Boden or Pearson that they were also receiving an additional undisclosed sales commission from the money paid by the Investor Group to Rothstein. The information further charges that Boden and Pearson, through material misstatements and omissions made to the Investor Group, caused it to incur a loss of approximately $2,400,000.

If convicted, the defendants face a maximum statutory sentence of up to five years in prison. Mr. Ferrer commended the investigative efforts of the IRS-CI and FBI. This case is being prosecuted by Assistant U.S. Attorneys Lawrence D. LaVecchio, Paul F. Schwartz, and Jeffrey N. Kaplan.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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

>>> Broward Realtor Charged with Making False Statements

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), announce that Christopher White, 43, of Fort Lauderdale, was charged with three counts of making material false statements to U.S. Citizenship and Immigration Services (USCIS), in violation of Title 18, United States Code, Section 1001(a)(3).

According to the indictment, these statements were included on White’s April 16, 2014, application for naturalization submitted to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services. The indictment charged that White made the following material false statements in his naturalization application: (1) that he had never claimed to be a U.S. Citizen; (2) that he had never committed, assisted in committing or attempted to commit a crime or offense for which he was never arrested; and (3) that he had never failed to support his dependents. If convicted, White faces a maximum penalty of five years in prison, three years of supervised release and a fine of up to $250,000 for each count.Mr. Ferrer commended the investigative efforts of the FBI and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorneys Randy Katz and Thomas P. Lanigan.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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov

PALM BEACH COUNTY

>>>>Seven Defendants Charged in Identity Theft Tax Refund Fraud Scheme

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Amos Rojas, Jr., U.S. Marshal, U.S. Marshals Service (USMS), announce the indictment of seven individuals for their roles in a stolen identity tax refund fraud scheme.  The indictment charges defendants Lukner Blanc, 31, of Royal Palm Beach, Frank Fleuzinord, 29, of Cape Coral, Jean Juste, a/k/a “Junior” or “Shorty,” 24, of West Palm Beach, Benoit Placide, a/k/a “Snow” or “Mario,” 26, of West Palm Beach, Shelda Phadael, 28, of Lake Worth, Marie Claude, 25, of Lantana, and Marie Demesyeux, 29, of Lake Worth. Six of the defendants have been arrested. Fleuzinord remains at-large. Defendants Phadael, Claude, and Demesyeux were arraigned today before United States Magistrate Judge Dave Lee Brannon.  All three of the defendants pled not guilty. A trial date has not yet been set. Placide’s arraignment is scheduled for August 26, 2014, Juste’s arraignment is scheduled for August 27, 2014, and Blanc’s arraignment is scheduled for August 28, 2014.

All defendants are charged with one count of conspiracy to receive, conceal and retain monies stolen from the United States, in violation of Title 18, United States Code, Section 371. In addition, Defendant Blanc is charged with three counts of theft of government money, in violation of Title 18, United States Code, Section 641, nine counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1), and five counts of wire fraud, in violation of Title 18, United States Code, Section 1343.  Defendant Fleuzinord is charged with two counts of aggravated identity theft.  Defendant Juste was charged with one count of theft of government money, five counts of aggravated identity theft, and five counts of wire fraud.  Defendant Placide is charged with five counts of aggravated identity theft and five counts of wire fraud.  Defendant Phadael is charged with one count of theft of government money.

Defendants Claude and Demesyeux are each charged with one count of perjury, in violation of Title 18, United States Code, Section 1623(a), for making a false statement while testifying under oath before a Federal Grand Jury.

According to court documents, the defendants stole the identities of real persons (names, dates of birth, and Social Security numbers) and used the information to file fraudulent income tax returns online to the IRS. The defendants opened personal bank accounts and purchased debit cards that were utilized to receive the fraudulent income tax refunds. After the fraudulent refunds were sent by wire to the bank accounts and debit cards, the defendants and their co-conspirators withdrew the funds at automatic teller machines (ATMs) and point of sale electronic terminals at various retail establishments. If convicted, the defendants face a maximum of five years in prison for the conspiracy charge, a maximum of ten years in prison for the theft of government money charge, a mandatory term of two years in prison for the aggravated identity theft charge, a maximum of twenty years in prison for the wire fraud charge, and a maximum of five years in prison for the perjury charges. Ferrer commended the investigative efforts of IRS-CI and the USMS Regional Fugitive Task Force. This case is being prosecuted by Assistant U.S. Attorney Stephen Carlton. An indictment is only an accusation and a defendant is presumed innocent until and 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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

BROWARD COUNTY

>>>> Tax Return Preparers Charged in Fraudulent Refund Scheme

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Ronald A. Cimino, Deputy Assistant Attorney General of the Justice Department’s Tax Division, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Claudia Zuloaga, 43, and Sharon Elizabeth Angulo, 49, both of Miami, have been charged in a 32 count indictment with one count of conspiring to defraud the United States, in violation of Title 18, United States Code, Section 371, and 20 and 11 counts, respectively, of assisting in the preparation of false federal income tax returns, in violation of Title 26, United States Code, Section 7206(2).If convicted, the defendants face a maximum of five years in prison on the conspiracy count and a maximum of three years in prison on each of the Title 26 counts.

According to the indictment, beginning in approximately September 2008 and continuing through September 2012, the defendants jointly operated a tax preparation business from offices located at 18710 SW 107th Avenue, Miami, Florida. The indictment further alleges that Zuloaga and Angulo recruited clients by falsely representing that they could eliminate a substantial portion of their debts by obtaining sizable tax refunds for them. As alleged in the indictment, this would be accomplished through false and fraudulent tax returns which the defendants would prepare for each client in exchange for fees usually amounting to 30percent of the tax refunds fraudulently obtained and totaled in excess of $250,000 from those clients who were successful in receiving fraudulently obtained refunds. As further alleged in the indictment, the tax returns prepared by the defendants falsely set forth that certain financial institutions had withheld sizable amounts of tax from falsely declared interest income earned from these same financial institutions. Through this fraudulent mechanism, each return gave the false appearance of entitling the client to a significant tax refund due to over-withholding of tax payments in connection with their claimed interest earnings. In addition, the indictment alleges that, in order to provide false substantiation for these fraudulent tax refund claims, the defendants caused fictitious IRS Forms 1099-OID to be created which set forth the false interest and tax withholding amounts fraudulently reported upon their clients’ tax returns. The indictment also alleges that Zuloaga and Angulo promoted the fictitious “redemption theory” to their clients as the purported justification for their fraudulent tax refund claims. Through this promotion, clients were falsely informed that the submission of tax returns in this manner allowed their clients to legitimately access large amounts of money allegedly contained in certain non-existent “straw man” accounts which the defendants claimed were being maintained by the United States Treasury for each individual who possessed a Social Security number. As part of the conspiracy, Zuloaga and Angulo are also alleged to have engaged in various acts designed to prevent the IRS from investigating their fraudulent activities and collecting the repayment of any tax refunds falsely and fraudulently obtained. These acts included the submission of numerous false documents on behalf of both their clients and themselves which were designed to obstruct the IRS from taking investigative and enforcement actions against their clients and themselves.Mr. Ferrer commended the investigative efforts of the IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Peter B. Outerbridge and the department’s Tax Division Trial Attorney Alexander Effendi. An indictment is only an accusation and a defendant is presumed innocent until and 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.

CITY OF FORT LAUDERDALE

>>>> Florida Home Health Care Company and Its Owners Agree to Resolve False Claims Act Allegations for $1.65 Million

Press release: A Plus Home Health Care Inc. and its owners, Tracy Nemerofsky and her father, Stephen Nemerofsky, have agreed to pay $1.65 million to the United States to settle allegations that A Plus paid spouses of referring physicians for sham marketing positions in order to induce patient referrals, the Justice Department announced today.  A Plus is a home health care company located in Fort Lauderdale, Florida. “Kickback schemes undermine the integrity of our public health care programs,” said U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida.  “The settlement announced today holds A Plus accountable for its submission of false claims, including restoring funds paid as a result of the false claims to Medicare.  We will not relent in our efforts to combat these kinds of fraudulent schemes.”

“Kickback schemes drive up the cost of health care and cause physicians to make decisions based on their own bottom line instead of what is in the best interest of their patients,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “We will hold any health care company, and the individuals that own those companies, responsible for using kickbacks to line their pockets at the expense of taxpayers and federal health care beneficiaries.” The United States filed a complaint against A Plus and Tracy Nemerofsky alleging that, beginning in 2006, A Plus engaged in a scheme to increase Medicare referrals in the heavily saturated home health care market in southern Florida.  The company allegedly hired at least seven physicians’ spouses and one physician’s boyfriend to perform marketing duties, but required the spouses and boyfriend to perform few, if any, actual job duties.  Instead, the spouses’ and boyfriend’s salaries allegedly served as an inducement and reward for the physicians’ referrals of Medicare patients to A Plus.  According to the complaint, Tracy Nemerofsky fired at least two spouses when their husbands failed to refer a certain number of patients to A Plus.  Tracy Nemerofsky allegedly reaped large rewards for the scheme, receiving a salary of $685,000 from A Plus in 2010, when A Plus’ business increased as a result of Medicare referrals generated from the sham marketer scheme.

“Home health care company owners who engage in such blatant, aggressive kickback schemes to get physicians to refer Medicare patients for the company’s services will instead pay for their improper conduct at the settlement table,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG).  “We will continue to crack down on such illegal, wasteful business kickback arrangements, which undermine impartial medical judgment, corrode the public’s trust in the health care system and divert scarce Medicare funding.”

The settlement resolves allegations that were originally brought by William Guthrie, a former director of development at A Plus, under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for the submission of false claims and to receive a share of any recovery.  The False Claims Act authorizes the United States to intervene in such lawsuits and take over primary responsibility for litigating them, as the United States did here.  Guthrie’s share of this settlement has not yet been determined. The United States previously settled with five couples that allegedly accepted payments from A Plus:  Steven and Fortuna Hornreich, Mark and Meredith Rogovin, Sam and Christy Sareh, Gary and Stacy Wolfson, and Keifer Wyble and Nuria Rodriguez.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $22.4 billion through False Claims Act cases, with more than $14.2 billion of that amount recovered in cases involving fraud against federal health care programs. The investigation of this matter reflects a coordinated effort among the Commercial Litigation Branch of the Civil Division, the U.S. Attorney’s Office for the Southern District of Florida, HHS-OIG and the FBI. The lawsuit is captioned U.S. ex rel. Guthrie v. A Plus Home Health Care, Inc., 12 CV 60629 (S.D. Fla.).  The claims settled by the lawsuit are allegations only, and there has been no determination of liability. 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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

PALM BEACH COUNTY

>>>> Palm Beach County Couple Charged with Bankruptcy Fraud

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that husband and wife Richard S. Krugman, 61, and Tamara B. Giordano, 53, of Palm Beach County, were charged today with bankruptcy fraud, in violation of Title 18, United States Code, Section 152(1).

According to an information filed today, Krugman and Giordano filed for bankruptcy on August 27, 2008, in United States Bankruptcy Court in Palm Beach County before U.S. Bankruptcy Judge Erik P. Kimball. At the time of filing, the defendants claimed they owed approximately $2.9 million to creditors, and had available assets worth less than $13,000. The information charges that the defendants concealed from their creditors, the trustee, and the Bankruptcy Court a number of valuable items including a women’s gold and diamond Rolex watch, a gold ring with two carats of diamonds, diamond earrings, Royal Dalton china, Waterford crystal, silver, and two George Rodrigue “Blue Dog” lithographs, signed and numbered.The case will be heard by Senior U.S. District Judge Kenneth L. Ryskamp in West Palm Beach.

Mr. Ferrer commended the investigative efforts of the FBI. This case is being prosecuted by Assistant U.S. Attorney Carolyn Bell. 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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

MONROE COUNTY

>> Former Cay Clubs Executives Charged in Connection with$300 Million Ponzi Scheme Involving Sales of Vacation Rental Units

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Michael Stephens, Acting Inspector General, Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG), announce that Fred Davis Clark, Jr., a/k/a Dave Clark, 56, and Cristal R. Clark, a/k/a Cristal R. Coleman, 41, both formerly of Monroe County, were charged in a superseding indictment with conspiracy to commit bank fraud and multiple counts of bank fraud, in connection with a $300 million fraud scheme involving the sale of vacation rental units to approximately 1,400 investors in the Florida Keys and elsewhere. According to the superseding indictment, Fred Davis Clark and Cristal Clark were executives of Cay Clubs Resorts and Marinas (Cay Clubs), which operated from 2004 through 2008 from offices in the Florida Keys and Clearwater. Cay Clubs marketed vacation rental units for 17 locations in Florida, Las Vegas and the Caribbean, to investors throughout the United States. Cay Clubs would promise to develop dilapidated properties into luxury resorts, and would promise investors an upfront “leaseback” payment of 15 to 20% of the sales price of the unit at the time of closing. Once an investor agreed to purchase a unit, Cay Clubs would arrange for a real estate closing and lender financing, but would not disclose the leaseback payment and other financial inducements to the investors on paperwork submitted to lending institutions. Cay Clubs would also use fraudulent representations in marketing the investments, including using insider sales to increase the price of the units and reporting these sales on marketing materials. Cay Clubs never made the improvements that were promised to investors.  By at least 2006, Cay Clubs did not have sufficient funds to make improvements to properties or to make the leaseback payments that had been promised to earlier investors. Cay Clubs would use the proceeds of sales to new investors to make incremental leaseback payments to earlier investors. Without obtaining more loan proceeds from new investor sales, Cay Clubs would have collapsed. In this way, Cay Clubs came to operate as a Ponzi Scheme. After the collapse of Cay Clubs, the U.S. Securities and Exchange Commission began an investigation into alleged securities fraud at Cay Clubs. According to the indictment, Fred Davis Clark and Cristal Clark thereafter engaged in conduct aimed at concealing the location of assets under their control, and Fred Davis Clark gave false and misleading testimony to the SEC.

Through a previous indictment unsealed in June 2014, Fred Davis Clark and Cristal Clark were charged with conspiracy to commit mail and wire fraud, and mail fraud, in connection with a scheme to steal money from CMZ Group, Ltd., a Cayman Islands company that operated pawn shops in the Caribbean. According to the initial indictment, after the collapse of Cay Clubs, Fred Davis Clark and Cristal Clark used bank accounts and shell companies based in Key Largo that they had used during their Cay Clubs activities, to siphon off funds from the business operations of CMZ Group, so that they could lead a lavish lifestyle in the Caribbean.

Furthermore, in or around January 2013, shortly before an action was brought by the SEC alleging that they committed securities fraud, the indictment alleges, Fred Davis Clark and Cristal Clark caused the transfer of more than $2 million to a bank account they controlled in Honduras for the purpose of preventing the SEC from learning the location and control of these monies. These funds have since been frozen by the government of Honduras. Fred Davis Clark and Cristal Clark were expelled from Panama and Honduras, respectively, in June 2014, and were ordered detained pretrial by U.S. Magistrate Judge Lurana S. Snow. They currently await trial on these charges in Key West before U.S. District Judge Jose E. Martinez. Mr. Ferrer commended the investigative efforts of IRS-CI, ICE-HSI and FHFA-OIG, and the assistance of the SEC Miami Regional Office in this matter. The matter is being prosecuted by Assistant U.S. Attorney Jerrob Duffy. An indictment is only an accusation and the defendant is presumed innocent 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. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

COMMUNITY EVENTS

>>>> U.S. Senator bill nelson to address the october trustee luncheon

Please make plans to join us for the October Trustee Luncheon on Wednesday, October 1 at Jungle Island. We are honored that U.S. Senator Bill Nelson will be our keynote speaker. And, to elaborate on the Flag of Gratitude project, you will want to hear a presentation and a video by Community Leader Mike Fernandez, Chairman of MBF Healthcare Partners. Contact: Signature Events, 305-577-5433 | spevents@miamichamber.com Register Online

>>>The Adrienne Arsht Center for the Performing Arts of Miami-Dade County and the University of Miami Present The Regional Premiere of

A grownup’s prequel to Peter Pan! Five-time Tony Award-winning play by Jersey Boys writer Rick Elice based on the best-selling novel by Miami native Dave Barry and Ridley Pearson. For the fourth consecutive season, bridge program offers UM students an opportunity to work alongside theater experts on a professional production at the Arsht Center  “Miraculous! Spectacle, wit, and joy spill out of this production like treasure from a magic pocket.” – New York Magazine Opens the Arsht Center’s 2014-2015 Theater Up Close Season, October 9, 2014 – Preview, October 10, 2014 – Opening Night

Through October 26, 2014, Tickets: $45*, Carnival Studio Theater in the Ziff Ballet Opera House. MIAMI, FL September 10, 2014 – The Adrienne Arsht Center for the Performing Arts of Miami-Dade County and the University of Miami are proud to present the regional premiere of PETER AND THE STARCATCHER, a five-time Tony Award-winning play about how Peter Pan became “The Boy Who Never Grew Up”. Kicking off the Arsht Center’s critically-acclaimed Theater Up Close Season, playing October 9-26, 2014 in the intimate Carnival Studio Theater (Ziff Ballet Opera House), PETER AND THE STARCATCHER continues the Center’s partnership with UM’s Department of Theatre Arts for a fourth consecutive season.

The Arsht Center’s 2014-2015 Theater Up Close Season is supported by Alan and Diane Lieberman and the Riviera South Beach Hotel. Tickets to PETER AND THE STARCATCHER are $45* and may be purchased through the Adrienne Arsht Center box office by calling (305) 949-6722 or online at www.arshtcenter.org.

Rick Elice’s PETER AND THE STARCATCHER is the innovative and imaginative play with music based on the best-selling novel by Miami native Dave Barry and Ridley Pearson. In this high-flying adventure, twelve actors play more than 100 unforgettable characters – plus most of the scenery and furniture – in an exhilarating journey to answer the century-old question: How did Peter Pan become “The Boy Who Never Grew Up”? This epic origin story proves that one’s own imagination is the most captivating place in the world!

“We’re thrilled to launch our 2014-2015 Theater Up Close Season with PETER AND THE STARCATCHER – a fantastical, award-winning play that provides a humorous backstory for the beloved character of Peter Pan,” said Scott Shiller, executive vice president of the Adrienne Arsht Center. “This play is bound to inspire the audience and trigger their imagination with the use of inventive props, lighting and talent from an incredible cast of local actors. We can’t wait to transport theatergoers to the land of make believe!”

Under the direction of Henry Fonte, producing artistic director of The Jerry Herman Ring Theatre, the cast of PETER AND THE STARCATCHER features two incredible Carbonell Award-winning local actors, Nick Richberg as Black Stache and Tom Wahl as Lord Astor, as well as fresh-faced professionals from UM (Timothy Bell, Abigail Berkowitz, Timothy Boehm-Manion, Robert Fritz, Alejandro Gonzalez Del Pino, Joshua Jacobson, Thomas Jansen, Michael Mancini, Liam Merkle and Matt Sawalski).

The multi-faceted collaboration between the University of Miami’s Department of Theatre Arts and the Adrienne Arsht Center continues to serve as a professional learning experience that offers the theater majors at the University an opportunity to work with seasoned professionals in creating a professional production. Miami’s hottest regional theater actors join UM’s talented student actors to create more than 100 characters. Students majoring in technical theater and design will work side-by-side with the Adrienne Arsht Center/UM production and creative team to develop a professional set, costumes and lighting design and will assist the production manager, stage manager and other key production staff members.

After a premiere in California, PETER AND THE STARCATCHER transferred to Off-Broadway in 2011 and opened on Broadway in April 2012. The show ended its Broadway run in January 2013, and reopened Off-Broadway once again at New World Stages in March 2013, ending in January 2014

>>> The Margulies Warehouse will be reopen at the end of October   and all adult admission charges $10.00 will go to Lotus House Women’s and Children’s Shelter in Overtown and students are free. For more go to http://www.margulieswarehouse.com/ and the Lotus House Gala will be Oct. 25th For more information go to http://lotushouse.org/

Considering Running for Office?

The Good Government Initiative will offer a one-day workshop on Friday, October 3rd, 8:30 AM to 5:00 PM to help you:

Define your purpose in wanting to run for office

Tap into your leadership strengths and core values

Plan your fundraising strategy

Connect with constituents and your community

Get ready to launch

Register Now!

Guest speakers include:

Holly Raschein,

Representative, Florida Legislature, District 120

Dan Gelber, Former State Senator

Katy Sorenson, Former County Commissioner

Daniella Levine Cava, Commissioner-Elect, Miami-Dade County Commission

Patricia Fairclough, Councilwoman, City of Homestead

Frank Quesada, Commissioner, City of Coral Gables

Shellie Levin and Christian Ulvert, Campaign Consultants

This workshop will take place at Bilzin Sumberg Law Firm and will be limited to the first 25 applicants. The fee is $95 and will include a continental breakfast, lunch and parking.

YOUR PAYMENT IS YOUR RESERVATION!

Register using the “register now” link above.

NO REFUNDS.

For more information contact Jennifer at Jennifer@goodgov.net

Editorial:

>>> If you live in Miami-Dade County “we are all in this together,” says M-DC CRB member when it comes to ethnic issues and hate crimes after recent rash of anti-Semitism incidents including murder of Rabbi going to Synagogue

“We are all in this together,” said a member of the Miami-Dade County Community Relations Board last week after a major discussion on the eruption of anti-Semitic activity in the county that included a Rabbi being killed as he walked to his Synagogue in North Miami and has included Swastikas appearing on places of worship on Miami Beach and the CRB noted anti-Semitism in Europe is on the rise as well and this kind of hateful behavior cuts across all ethnic lines and should remind us all that if you live in Miami-Dade you are on a ship and we are all in this together and when one groups rights or another’s is singled out given our diverse community it could be anyone regardless from where they come from and profiling of anyone must be fought and denounced she thought. Since hate crimes generally start with one group and expands and ultimately no one group or people is safe and must be fought and stamped out.

If we as a county are to reach our full potential that celebrates diversity but sometimes fails to respect this diversity of people or religions and this urge must be resisted and denounced by all of us, and we cannot be quiet. If we as a society are to reach our full potential in the decades to come.

LETTERS

>>> Come on Dan, an actual stroke! Mini, I trust and hope. However, even that. Do us all a big favor. GET WELL!

>>>> Save the money.  Rather than video tape bid protests, for large dollar procurements, Miami-Dade (and Broward) County should adopt standards, process, and ALJ’s from Florida’s Administrative Procedures Act.  At least in state procurements, participants in procurements have real substantive and procedural due process.  Trying to win a bid protest in Miami-Dade and Broward County is next to impossible due to the lack of discovery, limited ability to present evidence, and selection of Hearing Officers hired by the County.

Joe Goldstein, Esq.

>>> What happened to parking at County Hall? Part of FEC project says Noriega of Miami Parking Authority

Those lots are owned by FEC. They are part of the All Aboard rail project. They won’t reopen until the new rail platform is finished. Then, it will be Garage Parking to accommodate the entire mixed use project. Very important project for downtown. You doing ok?
Arthur Noriega

CEO

Miami Parking Authority

>>>.I am in Singapore and just heard the news about your medical (The stroke) condition. Please take care of yourself and know that we are praying for you. I return early next week and hope to see you soon.PS. smoking cessation program begins immediately! If I can kick it, so can you!

>>> No I did not know about your stroke, How are you doing, Any lasting effects from the stroke. ?

Frank Nero

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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 fourth 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 250 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.

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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

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Est. 05.05.00

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>>> Watchdog Report is expanding as a new service and this content is now available to other news media, no longer exclusive to The Miami Herald

The Watchdog Report is no longer exclusively with The Miami Herald, and excluding the one story a week that is printed in the paper on Monday in the Metro & State section by me. The rest of the 20 or so news stories weekly sent out Sunday in 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.

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