Watchdog Report Vol.12 No.25 October 23, 2011 Est. 05.05.00 – I go when you cannot!

Perez

PUBLIC HEALTH TRUST

>>> CEO Migoya says “we are moving very fast,” when it comes to changes and accountability, but will savings initiatives for the year be achieved?

“We are moving everything very fast,” said PHT CEO Carlos Migoya last week at the daylong monthly committee meeting of the Financial Recovery Board. Migoya a former banker was responding to the changing of Jackson employees being enrolled in the organization’s health plan that has turned out to be a fiscal nightmare and is being transferred to the AV Med healthcare plan, a previous provider to the health trust employees. But his comments also reflect how he is trying to change the culture of the 10,500 employee operation that has lost hundreds of millions over the past two years, but has submitted a balanced budget for 2011-2012 that began Oct.1. The past cost cutting included for the new fiscal year hammering out $16.5 million in reductions of funding in the Annual Operating Agreement with the University of Miami Miller Medical School’s physicians and staff for the services they provide patients at Jackson. Further, the trust is looking in total, $53 million of savings in this budget year and the $36 million left has to be achieved if the balanced budget is to be achieved.

Don Szaro, the Chief Strategy Officer told the four FRB members that UM is a critical component in these other initiatives. He noted “we have reached conceptual” agreement with UM officials and they are the “biggest piece” of the savings puzzle and the fiscal “improvements are all clinically related,” and why this active collaboration is being done “so we can reach that $36 million,” goal he said. Michael Butler, M.D., Jackson’s chief medical officer said part of ongoing discussions included “the definition of a specialty” and while many “people have great ideas but they don’t follow through on the initiatives and what should you do to make this happen.” He noted it included reductions in the “length of stay” of patients and how “to reduce complications and here is what will accomplish this goal,” said the physician.

Marcos Lapciuc, the FRB chair noted when it came to the cost of medical services received from the UM medical school. He wants the “data raw” and “let us know the amount we have to pay” and it is “important to layout the parameters” to the firm which will be picked in the future to further analyzed the UM AOA agreement, now about $99 million, down from $130 million. FRB Vice chair Daryl Sharpton also noted his concern that any firm picked to do the analysis be acceptable to UM. “I don’t know if I need UM concurrence if it is a reputable firm” and while the board “agrees to cooperate, this [FRB] board has more than a cursory involvement in this analysis” and while it is “being done for a variety of reasons.” The fundamental thing is the “issue of Fair Market Value,” for the medical services received by Jackson from the medical school.

What about Mayor Gimenez’s choice on the FRB?

The Watchdog Report has continued to pepper Miami-Dade Mayor Carlos Gimenez when he would select a person to serve on the seven person FRB that now has six men in the slots. He agreed it needed to be done and his staff told me Friday that the person, a woman will be chosen by the middle of this week and she would be in place by November on this critical citizen based board. The extra person on the board would have been helpful this Wednesday when a lack of quorum kept the FRB of doing planned discussions until a couple of hours later than the planned 9:00 a.m. meeting.

>>> The FRB and the administration are holding a strategic retreat Nov. 22 and the meeting is closed to the public.

CITY OF MIAMI

>>> Commissioner Sarnoff an enigma, Callahan, Milo and Niemeyer press their case, but will voter turnout be key, with campaign irregularities already in the air?

It has begun, early voting kicked off on Saturday and around 2:30 p.m. at the Miami City Hall early voting site, not one voter was seen going to the polls during the time the Watchdog Report was there. There were 10 campaign workers holding signs for four, of the five District 2 candidates that has incumbent Miami Commissioner Marc Sarnoff (Net worth $2.08 million) fighting to avoid a runoff race after the Nov. 1 general election. Sarnoff, a maritime attorney, who needs 50 percent plus one vote to win is facing Williams Armbrister, a retired FPL employee, Kate Callahan a nurse and now healthcare company consultant with a Ph.D., Donna Milo, a contractor living in the Upper Eastside and Michelle Niemeyer, an attorney. Sarnoff has pulled out all the stops, held a fundraiser this past Monday in the Grove but left early leaving his wife to work the room and he has over $417,900 for his campaign to date. He is running ads on television in a variety of markets from MSNBC to some of the sports channels. The Watchdog Report has yet to see one campaign television ad from any of the challengers in what is expected to be a low voter turnout race.

However, Sarnoff in this effort to be reelected is using all the political muscle he has at his disposal, the senior staff of the CRA attended the fundraising affair, and Miami’s Downtown Development Authority has gotten into the political fray as well. The DDA sent out voter information cards attempting to get people to register to vote or request absentee ballots living in the new condominiums downtown and these forms go back to the DDA, a downtown business-taxing district. This use of the DDA raised eyebrows with Miami-Dade Mayor Carlos Gimenez Friday and he was he puzzled why an economic development agency would get involved in politics, especially since Sarnoff is the chair of the DDA board. And Niemeyer has filed an ethics complaint with the Miami-Dade Ethics Commission claiming Sarnoff is using a public entity to assist in his election since voters living downtown are considered more likely to support the commissioner. Further, the Watchdog Report on Friday got an email from the DDA reminding me early voting starts Saturday and “To make sure your voice is heard,” says the message line from the DDA.

The Watchdog Report last week contacted DDA officials and asked what voter list they used and who printed the piece? Javier Betancourt, a deputy director at the DDA wrote back with the following answers. >>> “Question: How did you get a list of the voters in the DDA? Answer: We sent our mailers to all Downtown households, not to a particular voter list. We obtained that information from the firm Peachtree Data. Question: And who did the printing of the mailer that went out? Answer: The printing was done by 12th Avenue Graphics,” wrote the DDA staffer.

What about Milo’s complaint to the state?

And in Milo’s case, she has filed a complaint with the Florida Elections Commission last week because Sarnoff’s commission office is just feet away from the polling site in the back conference room in City Hall. She claims his office location so close to the polls could intimidate voters and potentially one complaint by a voter could void the whole District 2 election some experts suggest. The Watchdog Report contacted the Miami Clerk’s office asking about this issue and Deputy clerk Dwight Danie forwarded to me a response the office had gotten from attorneys at the Florida Department of State on the issue. Gary Holland, an assistant general counsel with the department wrote, “I respond to your inquiry first by stating that Ms. Milo’s statement, “Pursuant to Section 102.031 of the Florida Statutes, “no person other than a voter or official poll worker(s) should enter a polling room or polling place” is incorrect. But she is correct that “no soliciting is permitted within 100 feet of such polling place entrance.”

The reason her first statement is incorrect is that Section 102.031(3)(a), Florida Statutes, provides, “No person may enter any polling room or polling place where the polling place is also a polling room, or early voting area during voting hours except the following ….” [emphasis supplied.] In this case, the City Hall (the polling place) is not the polling room, but merely contains one room within it that is the polling room. Moreover, the “early voting area” consists of the area within the City Hall at which early voting activities occur. Again, this is merely one portion of the City Hall and does not involve Commissioner Sarnoff’s office. So, based upon the statutory definitions of polling place, polling room, and early voting area in Section 97.021, Florida Statutes, there is no violation of Section 102.031(3)(a), Florida Statutes, for Commissioner Sarnoff and his staff to be in the City Hall and outside of the early voting area. They can enter the early voting area only to vote or if they were designated as an official poll watcher.

The other prohibition mentioned by Ms. Milo is the prohibition on solicitation of voters inside the polling place (City Hall) or within 100 feet of the entrance to the polling place or early voting site per Section 102.031(4)(a), Florida Statutes. Besides the examples of “solicit” and “solicitation” provided in Section 102.031(4)(b), Florida Statutes, the ordinary dictionary definition of “solicit” means “to make petition to,” “to urge strongly,” or “to approach with a request or plea.” If Commissioner Sarnoff or anyone else’s conduct within the City Hall amounts to such regarding voters or comes within the specific examples contained in the statute, then a violation of the statute occurs. This would include having campaign literature open to public view in the Commissioner’s office suite or anywhere within the City Hall. However, in my opinion, the mere fact that his name and title appears on a door near the early voting area does not amount to solicitation. (Note: I am unable to read the writing underneath his name on the door in the photo, so my opinion is limited only to his name and title). While legally the name and title of the Commissioner on his office door would not amount to solicitation, the City certainly may make a policy decision to cover Commissioner Sarnoff’s name (and the name of any other incumbent commissioner seeking re-election in this election) on doors or in other locations within the City Hall during the early voting period to avoid even the appearance of impropriety in the election process. I trust this adequately responds to your inquiry,” wrote Holland to the clerk’s office.

What about the candidate’s temperament and egos?

For a municipal commission race, it is amazing how self absorbed some candidates become and how they change if they are lucky enough to be elected to public office. In this field, the most self absorbed person who also changed remarkable after he won a full term in 2007 is former community activist Sarnoff, followed by Callahan and lesser so Niemeyer and part of that is they live in the Grove where people seem to need inflated egos of their own importance and wear it own their sleeves and believe they are better than others in Miami. Years ago a realtor in the Grove said to me with a haughty authority, that he “was a Grove realtor.” And that was a big deal in his mind apparently and I responded the man’s “parents must be very proud,” but you get the idea (Editor’s note: There is also many great people in the Grove who have accomplished much in their life, but are generally more low key about it). Further, multiple people have complained to me that Callahan references her Masters Degree from Harvard way to much, including in robo calls, and that was seen when I asked the candidates for campaign statements a few months ago. At the time, she sent a long “rant” as one reader referred to it and the Ivy League university was consistently referenced and while she should be proud of her academic accomplishments. Voters are electing a commissioner not a professor. And in this regard, Milo and Armbrister are the most normal candidates. They speak their mind but also seem at ease with the general public and when this race is over it will be interesting to see how the losers lick their political wounds after this fairly viscous race.

What about Sarnoff as a person?

In past Watchdog Reports, I have detailed the issue about Sarnoff embellishing his linage claiming to be the grandson of “General” David Sarnoff who made RCA in the late 1930s into a powerhouse and was the founder of NBC. Sarnoff in his first inauguration speech in 2006 mentioned his grandfather a number of times along with MLK, RFK and JFK quotes throughout the speech but when reporter Francisco Alvarez of the Miami New Times in 2008 http://blogs.miaminewtimes.com/riptide/2008/02/marc_sarnoff_lies_about_his_li.php checked with the Great One’s library in Princeton N.J. The Sarnoff family members indicated they had no idea who he was and an attack campaign brochure on the topic hit voters mailboxes Friday featuring quotes from the story back then, including on one side that he voted at the end for the new Florida Marlins baseball stadium that after financing, comes in at $2.4 billion over the coming decades. Further, there are two videos of Sarnoff discussing the elder Sarnoff including one with local Miami historian Greg Bush discussing the subject. And Sarnoff learned all the bad things of campaigning from his first tough election against Linda Haskins who he beat by two to one in a runoff even though she raised over double of what he had in his campaign. He would later punish her supporters, and reward his, and when it comes being independent as an appointee on a board by the commissioner. Generally, it is the commissioner’s way or the highway a number of people have said over the past five-years he has been in office. >>> Here is the video with Bush where Sarnoff discusses his grandfather: http://www.youtube.com/watch?v=6NoxCkIk4g0

>>> Here is another take on the race: Commission challengers take new jabs at Miami incumbent Marc Sarnoff | Naked Politics

CITY OF MIAMI GARDENS

>>> Local residents plead guilty to fraudulently obtaining and using tax refunds

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Vance Luce, Acting Special Agent in Charge, United States Secret Service, Miami Field Office, and John E. Brooks, Chief, Sunrise Police Department, announced that defendants Latoya Balsh, 23, and Meshanto Elizor, 18, both of Miami Gardens, Florida, each pled guilty today to one count of access device fraud, in violation of Title 18, United States Code, Sections 1029(a) and 2 in front of United States District Judge Kenneth A. Marra in West Palm Beach. Sentencing is scheduled for January 27, 2012 at 1:30 pm. Each defendants faces a maximum statutory term of up to 10 years’ imprisonment. According to court documents, identities of numerous victims were used to electronically file fraudulent tax returns using a commercially available tax software program. In this way, the defendants obtained money cards containing IRS refunds based on fraudulent tax returns. The defendants used these cards to obtain money orders and cash at a retail store in Sunrise, Florida. Mr. Ferrer commended the investigative efforts of the U.S. Secret Service and the Sunrise Police Department. The case is being prosecuted by Assistant U.S. Attorney Randy Katz. >>> 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 MIAMI BEACH

>>> City taking over valet parking being “researched” but may not pan out, says Mgr. Gonzalez

A rumor that the city of Miami Beach was going to take over valet operations for restaurants in the city had the Watchdog Report contacting Beach Manager Jorge Gonzalez last week on the subject. Parking for restaurants and clubs customers has always been a hot button with locals. And sometimes some of the parking company’s abuse these customers with excessive parking charges but that does not apply to all restaurants and many establishments charge a reasonable parking price for the area. Gonzalez in an email last week wrote, “We are doing some research on it. Don’t know if it will amount to much and the issue has been referred to our Finance Committee,” for further discussion wrote the veteran city manager.

>>> Meeting Date: Tuesday, October 25th, 2011 Meeting Time: 8:30 AM
Meeting Place: David’s Café II, 1654 Meridian Ave., South Beach

Maria Carmen Meruelo, candidate for Commissioner Deede Weithorn’s seat on the Miami Beach City Commission, will be this week’s guest speaker at the October 25th meeting of the Tuesday Morning Breakfast Club. Maria is a resident of Miami Beach, active in the PTA and charitable organizations, and concerned about the way our city government is running. She is a first-time candidate for elected office. There is no charge for attending and everyone is welcome. David Kelsey, Moderator for the Breakfast Club. Visit our web site at www.MBTMBC.com (Miami Beach Tuesday Morning Breakfast Club).

CITY OF CORAL GABLES

>>> State Atty. Fernandez-Rundle kicks off reelection campaign at Gables business luncheon

“Of course I am,” said Miami-Dade State Attorney Katherine Fernandez-Rundle (Net worth $1.75 million) when I asked if she would seek another 4-year term in the 2012 elections. The top state prosecutor said this before speaking to the Ponce Business Luncheon group on Monday at JohnMartin’s Restaurant on Miracle Mile in Coral Gables. At the gathering that had about 30-attendees she detailed her offices activities and the volume of cases the office deals with from murder, armed assaults, robberies, pill mills, public corruption and domestic violence to list a few of the areas her prosecutors deal with in the office. She replaced former U.S. Attorney General Janet Reno in 1993 when Reno joined the President Bill Clinton administration and Fernandez-Rundle has never looked back politically. She noted back then Miami and Florida was perceived as the “murder capital of the world,” and European tourists were told, “don’t go to Miami,” she said. However, by working closely with the business community and others and creating the “Department of Safe Neighborhoods” the community was able to “turnaround that image around the world.” She also said new sentencing laws established have reduced the crime rate by 33 percent since 2000, with major reductions in robbery, burglaries, car theft and “rapes are down 50 percent and that did not occur by accident.”

The attorney said this was achieved by “focusing on the worse of the worse of the career criminals,” and when it comes to convictions. “We convict more criminals than Palm Beach, Broward and Monroe Counties combined,” she said. Fraud in all its forms flourishes in Miami-Dade and mortgage fraud has been “horrible for this community,” and noted we had gotten a $2.5 million federal grant “because we were number one in mortgage fraud” and only two areas in California and Nevada also received the money. When it comes to pill mills, she noted for once Miami was not the worse but Broward is. She said when it came to Oxycodone we had 646,000 of the pills sold in comparison to Broward where 5.2 million were dispensed by pill mill physicians. And these pill mill pharmacies cause “more deaths” than heroin, cocaine, and morphine combined,” and the top 50 physicians who prescribe the drugs all live in Florida, she said.

When it came to state funding for prosecutors and public defenders she continued her crusade to get more money for new hires saying new incoming attorneys salaries is $40,000 and while “that goes further in Jacksonville” that is not the case in Miami-Dade, especially given they often have major student loans after completing their education. And when it comes to gambling in South Florida, her office is studying the issue about what might come with it, if it is approved and how it affects law enforcement. She has yet to draw an opponent, is running as a Democrat and has reported raising no money to date state’s the Florida Elections web page.

CITY OF NORTH MIAMI BEACH

>>> Beach resident charged with filing bogus tax returns

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), announce the unsealing of a forty-two count indictment against defendant Maurice Rodriguez, of North Miami Beach, Florida, on charges that he willfully filed false personal income tax returns and aided in the preparation of numerous false federal income tax returns. Defendant Rodriguez had his initial appearance today before U.S. Magistrate Judge Robert L. Dubé in Miami, Florida. According to the indictment, defendant Rodriguez knowingly and willfully made and subscribed a false Form 1040, U.S. Individual Income Tax Returns, for calendar years 2005 and 2006. Rodriguez is charged with under-reporting his true gross receipts in 2005 and 2006 and filing the tax returns with the IRS knowing that the returns were not accurate as to every material matter, in violation of Title 26, United States Code, Section 7206 (1).

The indictment also charges Rodriguez with forty counts of assisting and advising in the preparation and presentation of fraudulent income tax returns to the IRS, in violation of 26 U.S.C. Section 7206(2). The indictment alleges that Rodriguez prepared and caused to be submitted United States Individual Tax Returns claiming tax refunds on behalf of various taxpayers, knowing that these returns contained materially false information. Specifically, Rodriguez knew that the tax returns falsely represented, among other things, the taxpayers’ income, tax withholdings, and allowable deductions and expenses, including unreimbursed employee business expenses and other job-related expenditures. If convicted, Rodriguez faces a maximum statutory term of imprisonment of up to three years for each count of filing false individual tax returns and three years as to each of the preparation and presentation of fraudulent income tax return counts. >>> Mr. Ferrer commended the investigative efforts of the Internal Revenue Service, Criminal Investigation Division. This case is being prosecuted by Assistant U.S. Attorney Cynthia Wood. An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty. >> A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

CITY OF DORAL

>>> CodeRED® Messaging System: A few minutes could save lives

Press release: After recent severe weather in South Florida and more specifically with tornadoes touching down in the areas of Plantation and Sunrise, the City of Doral is encouraging residents to sign up to receive emergency messages as well as Weather Warnings through the Code Red Emergency Messaging System. CodeRED® provides Doral officials the ability to quickly deliver messages to targeted areas or the entire city in case of an emergency. “All Doral residents and business owners should take the time to visit our website www.cityofdoral.com and add contact information to include cellular phones and other non-traditional phones as well as email and text addresses. If your contact information is not in the database you will not receive a call when an urgent message is sent,” said Doral Mayor Juan Carlos Bermudez.

All businesses should register, as well as all individuals who have unlisted phone numbers, who have changed their phone number or address within the past year, and those who use a cellular phone or VoIP phone as their primary number. It’s important to check all boxes, including severe weather warnings. By doing so, phone numbers registered will receive a phone call just moments after a warning has been issued by the National Weather Service. This is extremely helpful in the case of tornado warnings during the night hours when residents are asleep or are not monitoring local news. Required information includes a street address (physical address, no P.O. boxes) for location purposes and a primary phone number. Additional phone numbers, email and text addresses may also be entered and the data collected will only be used for emergency notification purposes.

About Emergency Communications Network: Emergency Communications Network Inc. (ECN) provides affordable high-speed notification solutions capable of reaching millions of citizens in minutes. ECN’s sophisticated network supports a web-based product suite featuring CodeRED® which enables local government officials to communicate time-sensitive, personalized messages via voice, email and text messaging; CodeRED Weather Warning™ which provides automated alerts to citizens in the path of severe weather just moments after a warning has been issued by the National Weather Service; CheckUp Call™ for scheduling calls to check on at-risk individuals, including the elderly, infirm and latchkey kids; and CodeED® for use by school systems to improve communications with their communities. For more information about Emergency Communications Network, visit emergencycommunications.net .

>>> OTHER STORIES AROUND FLORIDA

BROWARD COUNTY

>>> Miami area halfway house owner pleads guilty to fraud and kickback scheme

>>> Press release: Wifredo A. Ferrer, U.S. Attorney of the Southern District of Florida; Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; John V. Gillies, Special Agent-in-Charge of the Federal Bureau of Investigation (FBI), Miami Field Office; and Christopher B. Dennis, Special Agent-in-Charge of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami Office announced that Natalie Evans, 50, the owner and president of a Miami-area halfway house company pleaded guilty yesterday for her role in a kickback scheme that funneled patients to a fraudulent mental health provider, American Therapeutic Corporation (ATC), and its related company, the American Sleep Institute (ASI). Natalie Evans pleaded guilty before U.S. District Judge Jose E. Martinez to one count of conspiracy to commit health care fraud. Evans was the president of Vision of Hope Recovery Inc., which operated five halfway houses in Fort Lauderdale, Fla.

According to court documents, most of the residents at Evans’s halfway houses were recovering from drug and/or alcohol addictions, and some had recently been released from prison. ATC purported to operate partial hospitalization programs (PHPs) in seven different locations throughout south Florida and Orlando. A PHP is a form of intensive treatment for severe mental illness.
According to court documents, Evans agreed to provide Medicare beneficiaries from Vision of Hope halfway houses to ATC for PHP services. Evans admitted that she knew the beneficiaries at her halfway houses needed day treatment for addiction and not PHP services. Evans also knew that ATC fraudulently billed the Medicare program for the PHP services provided to the beneficiaries she referred to ATC. According to court documents, Evans gave patient information, such as Medicare numbers, to a co-conspirator and the patients were then transported to and from ATC by ATC employees.

According to court filings, ATC’s owners and operators paid kickbacks to owners and operators of assisted living facilities and halfway houses and to patient brokers in exchange for delivering ineligible patients to ATC and ASI. In some cases, the patients received a portion of those kickbacks.. Throughout the course of the ATC and ASI conspiracy, millions of dollars in kickbacks were paid in exchange for Medicare beneficiaries who did not qualify for PHP services. The ineligible beneficiaries attended treatment programs that were not legitimate so that ATC and ASI could bill Medicare for more than $200 million in medically unnecessary services.

According to the plea agreement, Evans’s participation in the fraud resulted in more than $645,975 in fraudulent billing to the Medicare program. At sentencing, scheduled for Jan. 19, 2012, Evans faces a maximum of 10 years in prison and a $250,000 fine. ATC, its management company Medlink Professional Management Group Inc., and various owners, managers, doctors, therapists, patient brokers and marketers of ATC, Medlink and ASI, were charged with various health care fraud, kickback, money laundering and other offenses in two indictments unsealed on Feb.. 15, 2011. ATC, Medlink and nine of the individual defendants have pleaded guilty or have been convicted at trial. Other defendants are scheduled for trial April 9, 2012, before U.S. District Judge Patricia A. Seitz.

The case is being prosecuted by Trial Attorneys Steven Kim and Jennifer L. Saulino of the Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U..S. Attorney’s Office for the Southern District of Florida. Since its inception in March 2007, the Medicare Fraud Strike Force operations in nine locations have charged more than 1,140 defendants that collectively have billed the Medicare program for more than $2.9 billion. In addition, HHS’s 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.

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

>>> W. Palm Beach man gets 96 months in the federal big house

>>> Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Delsa Bush, Chief, West Palm Beach Police Department; announced that Willie Gus Hampton, 47, of West Palm Beach, was sentenced yesterday to 96 months in prison following his guilty plea to one count of bank robbery, in violation of Title 18, U. S. C. § 2113(a). Hampton was indicted on bank robbery charges regarding the April 28, 2011 attempted robbery of Wachovia Bank in West Palm Beach and the robbery of SunTrust Bank in West Palm Beach later that same day. According to court filings, on April 28, 2011, at approximately 3:18 PM, a man later identified as Willie Gus Hampton entered the SunTrust Bank, located on Belvedere Road, in West Palm Beach, approached the teller counter and presented a note stating “I got a gun give me $100 and $50 dollar bills and hurry it up!!” The teller provided Hampton with U. S. currency, after which Hampton fled the bank. He was arrested a short time later in an adjacent parking lot by police officers from the West Palm Beach Police Department.

Less than 30 minutes before the SunTrust robbery occurred, Hampton had entered the Wachovia Bank on Southern Boulevard in West Palm Beach, demanding money in a note that stated “I got a gun give me $100 and $50 bills.” The teller did not respond to his demands immediately, and Hampton left Wachovia bank and traveled to SunTrust, where he then committed that bank robbery. At the sentencing hearing, Judge Middlebrooks imposed a term of 96 months as to Count 2, to be followed by a term of 3 years supervised release. Judge Middlebrooks noted the defendant’s significant number of prior felony convictions and stated the 96-month sentence was necessary for “the protection of the public.” The judge then dismissed Count 1 pursuant to a motion by the government. >> Mr. Ferrer commended the investigative efforts of the FBI and the West Palm Beach Police Department. This case is being prosecuted by Assistant U.S. Attorney Lauren Jorgensen. A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.

CLAY COUNTY

>>> Gov. Scott names Roy Pechillo to the Florida Real Estate Appraisal Board.

Pechillo, 53, of Orange Park, is the vice president of the southeast region for Rels Valuation. He is appointed for a term beginning October 31, 2011, and ending October 31, 2015. The appointment is subject to confirmation by the Florida Senate.

GULF COUNTY
>>> Press release: Gov. Scott taps Dr. Brittany O. Birken, Commissioner William “Bill” Williams and Maria D. Rodriguez to the Board of Directors, Workforce Florida Inc.

Birken, 36, of Tallahassee, is the chief executive officer of Florida Children’s Services Council. She succeeds Samuel Streit and is appointed for a term beginning October 21, 2011, and ending March 21, 2014.

Williams, 45, of Port St. Joe, is a county commissioner for Gulf County. He succeeds Mark S. Sharpe and is appointed for a term beginning October 21, 2011, and ending March 21, 2014.
Rodriguez, 55, of Miami Lakes, is the president of Youth Co-Op Inc. She is appointed for a term beginning October 21, 2011, and ending July 6, 2014.

ORANGE COUNTY

>>> Press release: Gov. Scott names Judge Heather Higbee of Winter Park and Judge John Jordan of Orlando to the Ninth Judicial Circuit Court.

Judge Higbee, 45, has been an Orange County Court Judge since 2007. Previously, she was a sole practitioner from 1999 to 2007 and from 1997 to 1998. In addition, she practiced with Philip Tatich P.A. in 1999 and Melander and Higbee from 1998 to 1999. She served as an assistant statewide prosecutor for the Office of the Statewide Prosecutor, Central Florida Bureau, from 1996 to 1997 and an assistant state attorney for the Eighth Judicial Circuit from 1991 to 1996. Judge Higbee received a bachelor’s degree from Duke University and a law degree from the University of Florida. “In addition to serving on the bench for nearly four years, Judge Higbee has had a varied legal practice providing her with the insight, experience and temperament appropriate for a Circuit Judge,” Governor Scott said. “As a judge, she has shown the willingness and ability to weigh the arguments and arrive at a decision that is both fair and within the rule of law.”

An Orange County Court Judge since 2005, Judge Jordan, 52, previously practiced with Woolfolk, Jordan and Associates P.A. from 2000 to 2005 and was owner and president of Mediate Florida form 1999 to 2005. He was a sole practitioner from 1994 to 2000 and practiced with Woolfolk, Estes, Keough and Jordan P.A from 1984 to 1994. He received a bachelor’s degree from the University of South Florida and a law degree from the University of Florida. “Judge Jordan’s strong work ethic and respect for others is seen in his service on the bench and as a mediator, where he developed an understanding of how to help facilitate conflict resolution,” Governor Scott said. “He demonstrates the ability to manage a large caseload while also displaying respect for the law and applying it impartially and with restraint.” Judge Higbee will fill the vacancy created by the resignation of Judge John H. Adams Sr., and Judge Jordan will fill the vacancy created by the resignation of Judge Thomas B. Smith.

HIGHLANDS COUNTY

>>> Press release: Gov. Scott taps William “Ron” Handley as Highlands County Commissioner.

Handley, 56, of Sebring, has owned and operated Homes by Handley Inc. since 1990 and W.R. Handley Construction Company from 1984 to 1990. A 52-year resident of Highlands County, he also serves on the board of directors for the Heartland National Bank, Highlands County. He is a member of the Highlands Sertoma Club, the Sebring Firemen’s Association, the Sebring Chamber of Commerce and the Florida Cattlemen’s Association. He is a past member of the City of Sebring Code Enforcement Board and was a carpenter for the Highlands County Board of County Commissioners from 1976 to 1978. He received a bachelor’s degree from the University of Florida. Handley will serve for the duration of the suspension of Jeff Carlson.

INDIAN RIVER COUNTY

>>> Local ophthalmologist gets six months in the big house for bogus tax return

Press release: Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation Division (IRS-CID), announce today’s sentencing of defendant David J. O’Brien, of Indian River County. At today’s hearing, U.S. District Judge Donald L. Graham sentenced O’Brien sentenced to six months in prison, to be followed by six months of house arrest. O’Brien had previously pled guilty to filing a false 2005 U.S. Individual Income Tax Return, Form 1040, in violation of Title 26, United States Code, Section 7206(1). According to court documents and statements, David J. O’Brien was a practicing ophthalmologist with an office in Vero Beach, Florida, and was employed by and a shareholder at the Florida Eye Institute (FEI).

According to statements made in court, the defendant had agreed to have various personal expenses paid by FEI prior to any calculation of his income, thereby reducing his reported taxable income. O’Brien under reported approximately $54,000 of income for 2005. In a plea agreement filed with the Court on June 16, 2011, O’Brien agreed that approximately $58,000 in additional tax payments are due, excluding interest and penalties, for tax years 2004, 2005 and 2006. >> Mr. Ferrer commended the investigative efforts of the Internal Revenue Service, Criminal Investigation Division. This case is being prosecuted by Assistant U.S. Attorney Kerry S. Baron. 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.

LEVY COUNTY

>>> Gov. Scott taps Michael F. Joyner to Board of County Commissioners.
Joyner, 61, of Morriston, is a part-time law enforcement officer with the Levy County Sheriff’s Office and manages his family’s cattle business. His 34-year career as a law enforcement officer includes serving as chief deputy with the Jefferson County Sheriff’s Office, captain with the Gadsden County Sheriff’s Office and as lieutenant with the Citrus County Sheriff’s Office. He serves on the board of directors for the Florida Intelligence Unit. Joyner attended the North Florida Junior College Law Enforcement Academy. Joyner will serve for the duration of the suspension of Tony Parker.

PASCO COUNTY

>>>Gov. Scott names Randall S. Maggard to the Pasco County seat on the Governing Board, Southwest Florida Water Management District.

Maggard, 48, of Zephyrhills, has been the vice president of Sonny’s Discount Appliances Inc. since 1981. From 2003 to 2010, he served as a member of the Coastal Rivers Basin Board, including serving as vice chairman. He has also served as a member of the Zephyrhills Economic Development Council for two years. Maggard received an associate degree from Pasco-Hernando Community College. He succeeds Ronald E. Oakley and is appointed for a term beginning October 19, 2011, and ending March 1, 2015. The appointment is subject to confirmation by the Florida Senate.

MONROE COUNTY

>>> After heavy rains, “the rock is draining,” and Fantasy Fest is getting ready to kick off

The Watchdog Report contacted the Monroe County Administrator Roman Gastesi last week after the Keys were the epicenter of the rains that pounded South Florida and only began to end on Thursday when the sky finally cleared. He came back with a surprise answer after I expected there would have been wide spread flooding. The veteran manager wrote, “We’re handling the rain just fine. We say “the rock is draining”…we don’t have the soil saturation, ground water rising issues of the mainland…down here, it rains, puddles, and drains. Standing water subsides quickly after the rain stops or slows down. Also, the “locals” are preparing their costumes, floats, etc. for Fantasy Fest…cognizant that the cool weather is coming. Again: please tell everyone that all’s well in paradise and come down to relax, have fun, and spend lots of money – we need it. Thanks for asking,” wrote Gastesi.

COMMUNITY EVENTS

>>> Kristi House is holding its 12th Annual Touch a Heart Dinner & Auction on Nov. 4 at the Four Seasons Hotel in Miami. One special guest is actor and Grammy wining songwriter Carlos Ponce and for further information and to make reservations go to www.kristihouse.org or call 305.547.6802.

>>> Baby boomer “mega reunion” set for Tropical Park – South Florida baby boomers will descend on Tropical Park on Saturday, October 29, 2011, for a first-of-its kind daylong event called “BIRDSTOCK,” featuring classic rock bands, South Florida food and drink favorites, a craft show, classic cars, local authors, casino games, trivia contests and more. All proceeds will benefit Alzheimer’s disease with direct contributions to The South Florida Alzheimer’s Association’s Walk to End Alzheimer’s, and Easter Seals of South Florida Senior Services. Bird Road Baby Boomers is a Facebook phenomenon started in as a place for “kids” who grew up in South Florida, to meet online, swap stories and share memories. From its humble beginnings, BRBB now has a following of more than 6,200. With all the chat, it became apparent that a MEGA reunion was in order. The main event is “Birdstock” at the Equestrian Center at Tropical Park, 7900 SW 40 St. A pub crawl and dine around Coconut Grove is planned for Friday evening and the weekend will close with a Sunday brunch. Tickets are being sold in advance online. For complete details visit www.birdstock.info.

>>> CLEO Project Launch Forum, Saturday, Nov. 5 @ Pinecrest Gardens, our new home. For more information go to www.CLEOInstitute.org

EDITORIALS

>>> Voters get the elected leaders they deserve with low turnout elections, in Miami voters scarce at city hall

The best political candidates, whether they are an incumbent or neophyte need to remember to stay humble in their rhetoric and actions for you are asking voters to put their trust in you and for many people that is a big deal. Leaders, who change their minds, embellish their accomplishments, or past tread a very thin line for once this trust with the electorate is gone. It can never be regained and South Florida is getting a good dose of this with municipal elections in Miami, Hialeah, Miami Beach and Homestead and while there is a diverse field of candidates. The political antics of some of the candidates just keep going on like the Eveready Bunny with a political spin to it. Further, over the years, people who have run for office ask why voters did not support them, since they were “honest,” but that is not enough anymore. However, while we like to assume that is true of all the people running for office, history has shown that is not always the case.

Voters in these municipalities are now going to the polls with early voting starting Saturday and if Miami City Hall, an early voting site is any indication of the voter turnout. Miami voters did not get the election memo because their were zero voters seen when I stopped by the polling site on Saturday and Sunday and that does not bode well for the civic health of the community. For low turnout elections only breed arrogance on the part of elected leaders, who clearly have an edge when it comes to elections and one of the only checks residents have is to examine their elected leaders on a periodic basis via the ballot box. And when voters don’t participate we get the government we deserve, and that is not a good thing.

LETTERS

>>> Statement by Frank Nero regarding destination casino gambling

The Board of The Beacon Council has not yet taken a position on the subject of destination casino gambling in Miami-Dade County. >>> But Beacon Council President Frank R. Nero said he would like to see an independent task force comprised of diverse officials from law enforcement, labor, small business, and the academic community, as an example, study the issues and economic and social impacts that large scale casino gambling would bring to Miami-Dade County, South Florida and the State of Florida.

“We need an objective thorough analysis, not paid for by the casinos or other partner invested in gambling, on the economic and social impact it would bring to this community,” Nero said, adding that the study should take between six months to a year to complete, and the task force’s report on recommendations should be sent to the governor and legislators prior to any vote on this issue. “If it’s a good idea, it will still be a good idea a year later after the report is completed,” Nero said. “If it’s not, we should have waited for the report.” “I would not be doing my job if I did not at least raise these issues,” he added.

Here are some issues the task force may want to address:

Land speculation could inflate prices of real estate and appraised value of land around the casino development, ensuring that no one would be able to afford to buy or rent near the property and many merchants would have to find locations elsewhere. Residential displacement could be an end result. Only employees who have been trained to work in the casinos will be able to get the higher paying skilled jobs. Few locals are currently trained for these jobs. Why not use the time to begin to train local workers so that those jobs indeed go to the local community? No casino should open unless and until the local workforce can be identified and trained. How can that be accomplished and who will pay?
The impact on current businesses: Destination resorts can have a negative impact on neighboring businesses because consumers are encouraged to stay in the resort and spend their money there, instead of going out to restaurants, merchants, plays and other venues. The social costs of alcoholism, gambling addiction, prostitution, organized and street crime. Who pays? Traffic and costs associated: Who pays?

The impact, if any, on the Miami Beach Convention Center, Performing Arts Center, new museum district, tourism in South Beach, the ongoing Wynwood and Design District revitalizations. The net tax to state and local governments.
Regulatory requirements: Will employees with criminal records be allowed to work at the casino? What controls are needed? How can we insure that local companies are equitably represented as casino vendors and service providers?
Substitution of tax revenue from other non-casino tax generation expenditures.
Impact on current pari-mutuels and potential loss of tax revenue they generate.
Support of prospective image of Miami-Dade County and South Florida as a diversified international business platform in addition to tourism and gambling centers. How can this be achieved?

Frank Nero

>>> Allow me to please correct a common mistake when referring to the country of Colombia and Colombians. Many times a ‘u’ is used in spelling these words and that is incorrect. Colombia and Colombian are spelled with an o.
Millie

>>> Great report dog!

JH

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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 550 reports and Extra’s have been sent since May 5, 2000 and over one million words have been written on our community’s governments and events. The report is an original work based on information gathered at public meetings, interviews and from documents in the public domain.

LETTER POLICY

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

Daniel A. Ricker
Publisher & Editor
Watchdog Report
Est. 05.05.00
Copyright © of original material, 2011, Daniel A. Ricker

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

>>> Here is what past newspapers have written about the Watchdog Report publisher including a survey and regional study done by the U. North Carolina at Chapel Hill on the media in the southeast United States.

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

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

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

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