Remembering Dr. King as well as an ugly reminder of the lions at our City's gate...

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Once again, it's the third Monday of January, the day we celebrate the life of Dr. Martin Luther King, Jr.  There's plenty of places on the internet that do a better job of honoring the man than we possibly can, considering the state our nation finds itself in today, I think this quote from one of Mr. King's speeches is most appropriate...

“the question is not whether we will be extremists, but what kind of extremists we will be. Will we be extremists for hate or for love? Will we be extremists for the preservation of injustice or for the extension of justice?”

Read more here: http://www.miamiherald.com/2012/01/15/v-print/2591162/remembering-mlk-safe-icon-or-radical.html#storylink=cpy

Consider that quote next time you see something wrong going on around you and decide not to do anything about it, perhaps something like what I found littered all over the streets this past weekend...

The pro casino groups were out in full force this weekend plastering Little Havana with this kind of bullshit.  With the kind of money they're putting into swaying the public opinion on getting gambling into our region, is there any doubt that they'll succeed?  Considering the level of voter apathy in South Florida, unless something drastic happens, this is as close to a sure thing as you can get.

The Airways Auto Tag Agency boondoggle...

Earlier this week we discussed the arrest of a number of tellers from a local tag agency that I happened upon accidentally.  The thread that tied the tag agency story to one of our mortgage fraud stories was that they both shared the same detective from the Miami Dade Police Department, Detective Jorge Baluja.  Our assertion is that as long as Detective Baluja is involved, there's more than likely going to be some kind of misconduct or at the very least a totally botched investigation.


The first step in uncovering the good Detective's misdeeds was getting the arrest report for the tellers that were charged from the tag agency.  We took a trip down to the courthouse yesterday and came up with the following, as always click on the image to enlarge...

Essentially what the Detective Baluja is alleging is that the tellers at this auto tag agency would process your transaction, collect the fees and applicable taxes, give you your tag, title or registration, then they'd turn around after you left at some point and cancel the transaction and pocket the money that they had collected.  Considering the size of this tag agency, does it stand to reason that this kind of theft would be going on right under the owners noses without anyone finding out?  The arrest report alleges that there was nearly $20k missing over a period of four months, considering that this is a highly regulated business that works within a strict inventory of license plates and registration decals, how could $20,000 worth of these items go missing without anyone noticing?  Sounds like bullshit to me.


So what's the big deal here?  Why should any of us be interested in a simple case like this?  Be patient, on Monday we'll discuss who's behind this little tag agency as well as the strings that were pulled to get these tellers arrested...

My tag is expired!

What a f-ing hassle.  My damn tag is expired which means I've once again procrastinated, missed the online renewal deadline and I'll have to schlep over to the local tag agency, fight the lines and wait to get a new decal for my miserable vehicle.  Fun, fun, fun.

As far as I can remember there were two types of tag agencies that you could go to, one was the state or county owned tag agency where they'd hand you your new tag or decal on the spot while with the others, you'd drop off your paperwork then go back the next day to pick up your new tag or decal.  Unbeknownst to me, it seems as if all the tag agencies now can print your decal or give you a tag right on the spot, so I figured if I'd find the smallest out of the way tag agency as possible I could be in and out in no time.  I happened upon this tiny place almost purely by accident...

Fantastic, a tiny tag agency in a forgotten part of town right behind Miami Jai Alai.  I figure I'll be in and out of there in no time.  Little did I know that when I'd walk in the place was going to be PACKED!  CRAP!  So here I am sitting in this god forsaken hell hole, two tellers working behind the bullet proof glass with at least a dozen or so impatient and angry people standing shoulder to shoulder waiting to get their crap and get on their way.

I end up waiting for nearly an hour till my turn came up but while I was waiting I struck up conversation with several of the people waiting.  It turns out that one of the reasons that this place was so packed was because it services a number of the car dealers in the area, one of the people I was talking to was a runner for one of the local dealers.  I noticed that the guy had about eight or ten files that he needed to get processed so I figured if I could get on the guys good side, perhaps he'd let me jump in front of him rather than make me wait another hour.  

So here I am in this place that seemed more like the county jails drunk tank than a tag agency, trying to chat up the misfit in front of me while doing a cost/benefit analysis of whether it was worth driving with an expired tag rather then waiting in line for my turn when the guy in front of me drops a bombshell.  He says...

You know the motherfuckers here were all arrested a while back right?

I quickly snapped out of my daze and asked him WTF?  He went on to tell me that the cops had done a raid on this tag agency and ended up arresting three of the tellers behind the counter for stealing money.  He also went on to tell me that the raid was run by the same cop that had busted in on the dealership that he worked at.  I asked him if he remembered anything about the cop, description, name, etc.  He goes on to tell me that he'd never forget the cop because during the raid on his dealership, he ran the receptionists name and found that she had a suspended license and arrested her while she was sitting behind her desk!  So I ask, what was this guys name to which he responds...

Some jackass named Baluja...

LOL!!!  How the hell could this be?  Our very own MDPD Detective Jorge Baluja?

That's it, our day is fucked.  We all know by now if Detective Dumbass Baluja is involved then somethings fucked up.  I'm off to the courthouse to do some digging, more tomorrow...

An unbelievable story...

I stumbled upon a story over the weekend that made me nearly shit myself.  

A story of one of the most powerful people in South Florida government getting caught with their hands in the state's cookie jar only to have their friends in law enforcement turn the investigation around and frame three innocent people to take the fall.  Although this story has nothing to do with mortgage fraud or any of the other types of fraud that we've discussed in the past, it's got everything in the world to do with corrupt practices at both the Miami Dade Police Department and the Miami State Attorneys office.  The icing on the cake is that the cop at the center of this case is none other than our favorite ex mortgage fraud investigator, Jorge Baluja.  

Stay tuned

Prosecutorial misconduct, the gift that keeps on giving...

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Just when you think you've run out of crap to write about comes another instance of flagrant prosecutorial misconduct, the icing on the cake here is that we're already familiar with some of the key players yet somehow the Miami Herald forgot to mention their names.  From the Herald article...

Two MIA “fuel farm” defendants get new trial

By DAVID OVALLE

Two defendants in the Miami International Airport fuel-farm corruption case deserve new trials because a judge failed to give proper instructions to the jury, an appeals court ruled Wednesday.

Cliff Berry Inc., and the company’s former environmental director, Jeffrey Clint Smith, were convicted at trial in December 2008 of first-degree grand theft. The accusations: They pilfered huge amounts of fuel from the airport’s storage depot.

Smith had been free on bond while awaiting the decision. “This news in the new year is extremely welcome from him and his family,” Smith’s attorney, Michael S. Pasano, said. “He had always insisted on his innocence.”

The Third District Court of Appeal also ruled Wednesday that Miami-Dade Circuit Judge Jacqueline Hogan Scola failed to quickly hold a hearing to question prosecutors about a key witness who changed his testimony.

The indictments were part of a far-reaching probe that uncovered several racketeering schemes at MIA. In all, more than 20 defendants pleaded guilty.

As for the company and Smith, investigators alleged that company trucks were supposed to haul away wastewater but drove off with jet fuel instead, and later sold it to yacht owners.

At trial, defense attorneys insisted their clients believed they had the “good faith” right to haul away the contents of a fuel-farm tank.

Scola refused defense attorneys’ request that the jury be given instructions outlining the “good faith” defense.

The Third DCA ruled Wednesday she should have allowed the jury instruction because “the evidence at trial was sufficient to suggest the good faith theory.”

Smith was sentenced to 10 years in prison. The company was ordered to pay $1.23 million and was barred from having any government contracts. The company’s former president, Cliff Berry II, was acquitted.

Another legal issue revolved around defendant Brian Schneir, a former supervisor at ASIG Fueling, another company that prosecutors said aided in the theft of the jet fuel.

Schneir pleaded guilty to organized fraud and agreed to spend two years in prison in return for testifying against Smith and Cliff Berry Inc. However, at trial, Schneir changed testimony he gave in a deposition about the dollar amount of fuel stolen and the date the scheme began.

Appellate lawyers argued that Miami-Dade prosecutors failed to quickly inform the defense of the change in Schneir’s testimony. Third DCA Judges Richard J. Suarez and Barbara Lagoa said Scola should have automatically conducted a hearing to see if prosecutors violated rules regarding turning over evidence to the defense.

A third appeals judge, Leslie Rothenberg, disagreed, saying the two defendants were convicted “by overwhelming evidence.”

Scola later ruled that prosecutors did not violate any rules. After prosecutors moved to revoke Schneir’s plea deal, saying he lied before testifying at trial, Scola gave him 12 years in prison.

Ok, so besides the judge screwing up and not allowing the jury instructions to outline the "good faith" defense, there's one other critical problem, the states main cooperating witness changed his testimony before the trial, problem is that the prosecutor knew that the witness had changed his critical testimony yet decided not to tell the defense attorneys about it!  From the article...

Appellate lawyers argued that Miami-Dade prosecutors failed to quickly inform the defense of the change in Schneir’s testimony. Third DCA Judges Richard J. Suarez and Barbara Lagoa said Scola should have automatically conducted a hearing to see if prosecutors violated rules regarding turning over evidence to the defense.

RUT RO!  So the prosecutor knew after his key witness was deposed that his testimony had changed before trial yet he forgot to let the defendants know and in essence covered this critical fact up?  Who could this unnamed prosecutor be?  Why would the Herald write this story accusing the prosecutor of misconduct yet leave out the guys name?  Any guesses as to who this guy is?  Perhaps this photo will help jar your memory...

Richard Scruggs

That would be none other than our favorite ex public corruption prosecutor Richard Scruggs!  You all remember Mr. Scruggs from his stellar performance during the Michelle Spence-Jones mess don't you?  Throughout that debacle Mr. Scruggs hid evidence, coerced witnesses and downright lied to witnesses about evidence he had in his possession in order to get them to say what he wanted.  So the question that begs to be asked is why the hell did the Herald not name Scruggs in the article?  We were able to identify the mysterious prosecutor in this case only after reading the actual appeal, if you have the time, check it out...

Prosecutorial Misconduct Cliff Berry Inc and Jeffrey Clint Smith vs the State of Florida

Carey-Schuler

Now, who's this other player in this fuel farm corruption case that goes unnamed in the Herald article?  That would be none other than former county Commissioner Barbara Carey-Schuler, the same ex commissioner that played a key role in both getting City of Miami Commissioner Michelle Spence-Jones indicted then through changing her testimony also helped get her case dismissed.  For those of you with a good memory, you might remember Carey-Schuler as the commissioner that was buddy buddy with that crook Oscar Rivero, who was practically a fixture in her office, that was responsible for stealing millions of dollars that were meant for public housing only to build himself a mansion in South Miami.  Funny how her name keeps coming up in this high profile public corruption cases yet somehow she never gets charged?

Regardless, just another instance of a dirty prosecutor who's resorted to obtaining convictions by any means necessary even if it means breaking the very laws he swore to uphold and another black eye for our local state attorneys office.  Oh well...

Following up on Reid Welch's motion to disqualify City of Miami assistant attorney George Wysong...

Right before the Christmas break we discussed the ongoing feud and subsequent restraining order between City of Miami Commissioner Marc Sarnoff and Coconut Grove gadfly Reid Welch.  On December 23 attorneys for both parties appeared in court to argue whether or not City of Miami assistant attorney George Wysong should be disqualified from the proceedings because of his role within the city, once again, from his very own bio on the city website...

Mr. Wysong serves as the Police Legal Advisor for the City of Miami Police Department. In that capacity, he handles matters which affect the Police Department, and provides counsel and advice to the Chief of Police and his staff, litigates contraband forfeiture cases, prepares legal bulletins for dissemination to the sworn police officers, provides advices and counsel to the City's Emergency Operations Center in times of emergency. In addition to those duties, Mr. Wysong also reviews contracts and agreements relating to the Police Department and drafts legislation relating to quality of life issues.

As we stated before, the conflict created by Mr. Wysong representing Mr. Sarnoff and the City of Miami Police department is blatantly obvious.  From our November 23 blog post...

So Mr Wysong is the City of Miami police liason, from his bio says his job is to "handle matters which affect the Police Department."  If that's the case, why was he representing Sarnoff at this hearing?  In fact, based on his bio, shouldn't he have been attending this hearing on behalf of the City of Miami police department who should have arrested Mr. Sarnoff for his assault on Mr. Welch?  Doesn't this constitute a serious conflict of interest for Mr. Wysong?

Based on all of the above, you would think the judge would have ruled in Welch's favor and disqualified Wysong, correct?  Not so fast, check the judge's motion that we received yesterday...

Reid Welch Motion to Disqalify George Wysong Denied

To say that I was disappointed would be an understatement.  Just another day in Miami I guess. 

 

Don't do the crime if you can't do the time...

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That's an easy enough proposition, isn't it?  When you're considering participating in some nefarious activity, go ahead and do a quick cost benefit analysis and determine if you can handle the jail time for the crime you're about to commit.  Simple.  I'm sure we've all posed that question to ourselves at some point or another, how much money would justify going to jail for?  Maybe a million bucks?  Perhaps half a million for a year behind bars?  Who knows.


That brings us to the mastermind behind the first mortgage fraud caper we discussed on our blog, none other than John Arthur Romney.  For those of you who aren't acquainted with Mr. Romney, back in 2008 Mr. Romney masterminded a mortgage fraud scheme where he purchased a home then a week or so later through the use of a straw buyer, flipped it for a tidy $400k profit.  Not bad for a weeks work, right?  Problems arose for Mr. Romney when his straw buyer claimed that he had nothing to do with the transaction and in fact his identity was stolen in the commission of this fraud.  We have our doubts about those claims from the alleged straw buyer as the evidence seems to indicate that he was indeed involved in the fraud.  Regardless, back in February of 2011, Mr. Romney took a plea and admitted to his role in the fraud and subsequently was sentenced to 30 months in prison along with another ten years worth of probation.  In our humble opinion, that seemed like a slap on the wrist considering that after a few minutes playing around online we were able to find several other frauds that Mr. Romney was involved in, not to mention the fact that we're told that Mr. Romney had told law enforcement and the prosecutors about tons of other frauds that he had conducted.  

That's all well and good, at least 30 months behind bars is better than what almost all of the other fraudsters that the heralded Miami Dade County Mortgage Fraud Task Force prosecuted got, we were unable to find anyone that got anything more than probation despite millions of dollars worth of fraud that they were found guilty of!  No worries, at least the state got Mr. Romney's case right, that is until a couple of nights back when I was checking in on Mr. Romney's whereabouts in the state prison system.  From his department of corrections page...

The department of correction's page states that Mr. Romney is at the Opa Locka W.R.C. and that his "Current Custody" is "community".  I did a little digging and found out that "W.R.C." stands for "Work Release Center".  WTF?!

Isn't that wonderful?  Mr Romney is out on the street!  He gets to run around all day then come back to a tax payer funded bed at night!  SWEET!!!  

So is that it?  Admit to stealing nearly $400k and all you get is less than 10 months behind bars?  Let's go back to the title of today's post...

"Don't do the crime if you can't do the time..."

With that in mind, let's do a quick cost benefit analysis.  Let's assume that he stole $400k and that he was behind bars for exactly ten months for ease of calculation.  That works out to $40k per month or approximately $1,300 per day.  How many of you guys our there are making $1,300 per day?  Considering our current economic climate, I'd venture to guess that not many of us are doing so.  Remember, this doesn't even take into consideration the other real estate/mortgage frauds that Mr. Romney has admitted to.  Add those numbers in and his average take per day could go up ten fold. 

I'll leave you with this, do you guys believe nine months behind bars was an adequate punishment for defrauding a bank out of $400k?  $40k per month while being fed and clothed by the state doesn't seem like such a bad deal after all, does it?