Wednesday, February 28, 2024

ICYMI: Florida has a statewide prosecutor

Frustrated with local prosecutors' failure to investigate developers' control of our County government and there forms of white collar crime and corruption?  Florida has an Office of Statewide Prosecution.  Florida Statute 16.56: 


The 2023 Florida Statutes (including Special Session C)

Title IV
EXECUTIVE BRANCH
Chapter 16 
ATTORNEY GENERAL
View Entire Chapter
16.56 Office of Statewide Prosecution.
(1) There is created in the Department of Legal Affairs an Office of Statewide Prosecution. The office shall be a separate “budget entity” as that term is defined in chapter 216. The office may:
(a) Investigate and prosecute the offenses of:
1. Bribery, burglary, criminal usury, extortion, gambling, kidnapping, larceny, murder, prostitution, perjury, robbery, carjacking, home-invasion robbery, and patient brokering;
2. Any crime involving narcotic or other dangerous drugs;
3. Any violation of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, including any offense listed in the definition of racketeering activity in s. 895.02(8)(a), providing such listed offense is investigated in connection with a violation of s. 895.03 and is charged in a separate count of an information or indictment containing a count charging a violation of s. 895.03, the prosecution of which listed offense may continue independently if the prosecution of the violation of s. 895.03 is terminated for any reason;
4. Any violation of the Florida Anti-Fencing Act;
5. Any violation of the Florida Antitrust Act of 1980, as amended;
6. Any crime involving, or resulting in, fraud or deceit upon any person;
7. Any violation of s. 847.0135, relating to computer pornography and child exploitation prevention, or any offense related to a violation of s. 847.0135 or any violation of chapter 827 where the crime is facilitated by or connected to the use of the Internet or any device capable of electronic data storage or transmission;
8. Any violation of chapter 815;
9. Any violation of chapter 825;
10. Any criminal violation of part I of chapter 499;
11. Any violation of the Florida Motor Fuel Tax Relief Act of 2004;
12. Any criminal violation of s. 409.920 or s. 409.9201;
13. Any criminal violation of the Florida Money Laundering Act;
14. Any criminal violation of the Florida Securities and Investor Protection Act;
15. Any violation of chapter 787, as well as any and all offenses related to a violation of chapter 787; or
16. Any criminal violation of chapter 24, part II of chapter 285, chapter 546, chapter 550, chapter 551, or chapter 849;

or any attempt, solicitation, or conspiracy to commit any of the crimes specifically enumerated above. The office shall have such power only when any such offense is occurring, or has occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more judicial circuits. Informations or indictments charging such offenses shall contain general allegations stating the judicial circuits and counties in which crimes are alleged to have occurred or the judicial circuits and counties in which crimes affecting such circuits or counties are alleged to have been connected with an organized criminal conspiracy.

(b) Investigate and prosecute any crime enumerated in paragraphs (a) and (c) facilitated by or connected to the use of the Internet. Any such crime is a crime occurring in every judicial circuit within the state.
(c) Investigate and prosecute any crime involving:
1. Voting in an election in which a candidate for a federal or state office is on the ballot;
2. Voting in an election in which a referendum, an initiative, or an issue is on the ballot;
3. The petition activities of a candidate for a federal or state office;
4. The petition activities for a referendum, an initiative, or an issue; or
5. Voter registration;

or any attempt, solicitation, or conspiracy to commit any of the crimes specifically enumerated above. The office shall have such power only when any such offense is occurring, or has occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting, or has affected, two or more judicial circuits. Informations or indictments charging such offenses must contain general allegations stating the judicial circuits and counties in which crimes are alleged to have occurred or the judicial circuits and counties in which crimes are alleged to have affected.

(d) Upon request, cooperate with and assist state attorneys and state and local law enforcement officials in their efforts against organized crimes.
(e) Request and receive from any department, division, board, bureau, commission, or other agency of the state, or of any political subdivision thereof, cooperation and assistance in the performance of its duties.
(2) The Attorney General shall appoint a statewide prosecutor from not less than three persons nominated by the judicial nominating commission for the Supreme Court. The statewide prosecutor shall be in charge of the Office of Statewide Prosecution for a term of 4 years to run concurrently with the term of the appointing official. The statewide prosecutor shall be an elector of the state, shall have been a member of The Florida Bar for the preceding 5 years, and shall devote full time to the duties of statewide prosecutor and not engage in the private practice of law. The Attorney General may remove the statewide prosecutor prior to the end of his or her term. A vacancy in the position of statewide prosecutor shall be filled within 60 days. During the period of any vacancy, the Attorney General shall exercise all the powers and perform all the duties of the statewide prosecutor. A person appointed statewide prosecutor is prohibited from running for or accepting appointment to any state office for a period of 2 years following vacation of office. The statewide prosecutor shall on March 1 of each year report in writing to the Governor and the Attorney General on the activities of the office for the preceding year and on the goals and objectives for the next year.
(3) The statewide prosecutor may conduct hearings at any place in the state; summon and examine witnesses; require the production of physical evidence; sign informations, indictments, and other official documents; confer immunity; move the court to reduce the sentence of a person convicted of drug trafficking who provides substantial assistance; attend to and serve as the legal adviser to the statewide grand jury; and exercise such other powers as by law are granted to state attorneys. The statewide prosecutor may designate one or more assistants to exercise any such powers.
(4) It is the intent of the Legislature that in carrying out the duties of this office, the statewide prosecutor shall, whenever feasible, use sworn investigators employed by the Department of Law Enforcement, and may request the assistance, where appropriate, of sworn investigators employed by other law enforcement agencies.
History.ss. 1, 9, ch. 85-179; s. 1, ch. 90-12; s. 1, ch. 92-108; s. 4, ch. 93-212; s. 51, ch. 95-147; s. 5, ch. 95-427; s. 8, ch. 96-252; s. 6, ch. 96-260; s. 69, ch. 96-388; s. 3, ch. 97-78; s. 12, ch. 2001-54; s. 30, ch. 2003-155; s. 8, ch. 2004-73; s. 1, ch. 2004-344; s. 6, ch. 2004-391; s. 9, ch. 2005-209; s. 73, ch. 2005-277; s. 2, ch. 2007-143; s. 1, ch. 2009-242; s. 1, ch. 2012-97; s. 7, ch. 2013-2; s. 1, ch. 2015-92; s. 5, ch. 2016-84; s. 50, ch. 2016-105; s. 1, ch. 2017-173; s. 1, ch. 2021-221; ss. 1, 16, ch. 2021-269; s. 1, ch. 2023-2.

Tuesday, February 27, 2024

‘Fraudulent’ bank sale to Seminole County may net Greenberg associate more prison time. (Martin E. Comas, Orlando Sentinel)

One-party rule in Florida increases the avariciousness of corrupt public officials, who will "say and do anything," as my friend and mentor, the late St. Augustine photojournalist James David Pleasant put it best. From Orlando Sentinel: 

‘Fraudulent’ bank sale to Seminole County may net Greenberg associate more prison time

Michael Shirley was convicted on five fraud charges and is to be sentenced next week

Michael Shirley gives a thumbs up as he arrives at the federal courthouse in downtown Orlando, Wednesday, February, 21, 2024, for his sentencing on fraud and bribery convictions related to his work with disgraced Seminole County Tax Collector Joel Greenberg. (Joe Burbank/Orlando Sentinel)
Michael Shirley gives a thumbs up as he arrives at the federal courthouse in downtown Orlando, Wednesday, February, 21, 2024, for his sentencing on fraud and bribery convictions related to his work with disgraced Seminole County Tax Collector Joel Greenberg. (Joe Burbank/Orlando Sentinel)
Martin Comas, Orlando Sentinel staff portrait in Orlando, Fla., Tuesday, July 19, 2022. (Willie J. Allen Jr./Orlando Sentinel)

As federal prosecutors and a defense attorney argued in an Orlando courtroom last week about how much time a convicted Joel Greenberg associate should spend in prison, new details emerged of a shady real estate scheme by the former tax collector and his friends that federal investigators say bilked Seminole County out of $262,000. That deal may now play a key role in how much time former Greenberg consultant Michael Shirley serves in prison.

“This was a straw purchase, for-profit scheme,” said Nevada Gump, an investigator with the U.S. Secret Service, as he testified at Shirley’s sentencing hearing on Wednesday. Shirley, who was found guilty last July on fraud charges, is likely to be sentenced this week.

Gump was referring to the complicated 2017 deal in which another Greenberg acquaintance bought a vacant bank property in Winter Springs for $680,000 and then flipped it hours later to the Seminole Tax Collector’s Office for $942,000.

Although Shirley was not criminally charged in the transaction, prosecutors and U.S. District Judge Gregory Presnell said Shirley profited from it, and that it should be considered in setting his sentence.

“The evidence supports Mr. Shirley was involved,” Presnell said at Wednesday’s hearing. “Mr. Shirley was carrying Mr. Greenberg’s baggage and helping him in carrying out his various schemes.”

It was that same real estate transaction, involving a former BB&T bank building at the corner of State Road 434 and Vistawilla Drive just four months after Greenberg took office, that initially drew the attention of the Secret Service and FBI investigators to begin looking into the tax collector.

Greenberg was eventually charged with 33 federal crimes, and ended up pleading guilty to six felonies in May 2021, including sex trafficking of a child, identity theft, stalking, wire fraud and conspiracy to bribe a public official. Prosecutors dropped 27 charges in exchange for Greenberg accepting a plea deal and helping federal investigators in other cases, including Shirley’s prosecution.

Greenberg is currently serving an 11-year sentence at a low-security federal prison in Miami.

At least seven other Greenberg associates, including Shirley, have either been charged or found guilty of federal crimes over the past four years.

Shirley’s sentencing hearing will resume at 10 a.m. Tuesday at the federal courthouse in downtown Orlando. He was found guilty last July of fraud charges, including that he netted his company $466,625 in public money as part of a bribery-and-kickback scheme with Greenberg, according to court records.

On the day Greenberg took office on Jan. 3, 2017, he hired Shirley’s newly formed company Praetorian Integrated Services at $12,500 a month for consulting and “providing transition services,” according to the contract.

A former political consultant, Shirley had helped Greenberg in his campaign to unseat longtime tax collector Ray Valdes in the Republican primary in August 2016 and defeat a write-in candidate in the following November’s general election.

In January 2017, Greenberg also hired his longtime friend and real estate investor Keith Ingersoll as a consultant to search for properties in east Seminole County on behalf of the Tax Collector’s Office to open a branch office in the fast-growing area.

Ingersoll’s business partner Keith Adamczyk had formed a company called Shooters a few months earlier.

On May 1, 2017, Adamczyk then bought the bank building, along with the vault and furniture, for $680,000 under the Shooters name, according to county records. Hours later he sold it to the Seminole Tax Collector’s Office for $810,000 for the building and $132,000 for the furniture, safes and fixtures, according to county records. Shooters dissolved a few months later, according to state records.

Federal prosecutors presented bank records at Shirley’s sentencing hearing that showed Ingersoll giving him a check for $20,000 days after the bank sale closed. Shirley then used part of the money to help Ingersoll gather data for Joe Lopez’s 2018 campaign for Orange County Sheriff, prosecutors said.

Greenberg’s onetime friend, Joe Ellicott, testified that he went to Shirley’s office in 2019 to pick up $6,000 to deliver to the tax collector. Prosecutors said that money came from the sale of the bank building to the Tax Collector’s Office.

“That money served as the source for the kickback,” said Amanda Daniels, assistant U.S. Attorney.

Ellicott — once an Orlando radio sports host known as “Big Joe” — added that Shirley also presented him with a “fake” contract for a 10% stake in Ellicott’s now closed business, “Uncle Joe’s Coins, Currency & Collectibles” in Maitland. Prosecutors said the bogus contract was a cover up for the cash bribe payment.

In all, Shirley was convicted for five fraud charges, including four counts of honest services fraud and one count of conspiracy to commit wire fraud.

Nielsen is requesting that Shirley, 40, serve between 21 and 27 months in prison. Federal prosecutors recommended a prison term between 8 and 10 years.

“The defendant grew up in a loving home and had a really nice childhood,” Nielsen said. “Mr. Shirley’s background, including his professional background and status as a model citizen, calls for a lesser sentence.”

mcomas@orlandosentinel.com


Invasive termites become growing threat to Florida. What to know as swarm season approaches.(South Florida Sun Sentinel)

This should be of particular interest to greedy-gus Florida "developers," a small group of willful men like Senator-developer TRAVIS JAMES HUTSON, UF Board of Trustees Chair MORI HOSSEINI, and Florida Constitution Revision Commission Chair CARLOS BERUFF, avaricious Dull Republicans, whose fortunes are built on stick-built tract homes. Chomp. Chomp. Chomp. From South Florida Sentinel: 


Invasive termites become growing threat to Florida. What to know as swarm season approaches.

Darker and larger queen and king invasive subterranean termites surrounded by pale worker termites and soldier termites with pinchers. These invasive termites are more destructive than the drywood termites that require tenting. (Mike Stocker/South Florida Sun Sentinel)
Darker and larger queen and king invasive subterranean termites surrounded by pale worker termites and soldier termites with pinchers. These invasive termites are more destructive than the drywood termites that require tenting. (Mike Stocker/South Florida Sun Sentinel)
Author
PUBLISHED:  | UPDATED: