Florida grand jury issues report on public corruption
South Florida Business Journal
Date: Thursday, December 30, 2010, 11:06am EST
After 10 months of hearing testimony, a Florida grand jury looking into public corruption released a report late Wednesday that outlines a series of changes designed to crack down on politicians and government employees who commit crimes.
The grand jury, presided over by Broward County Chief Judge Victor Tobin, was created in February at the request of Gov. Charlie Crist after numerous arrests of politicians. It recommends, among other things:
* Expanding the definition of public employees to include private employees contracted by government entities that perform government services.
* Creating sentencing enhancements for offenses committed by officials who use their public position to facilitate their crimes.
* Creating an independent State Office of Inspector General, responsible for hiring and firing agency Inspectors General.
* Expanding definition of criminal bid tampering to include bid-rigging schemes.
* Authorizing the Ethics Commission to initiate investigations with a super majority vote of commission members.
The panel asked that lawmakers address their concerns during the 2011 legislative session.
“The Cadets at our nation’s military academies swear an oath to neither lie, cheat, steal, nor tolerate those who do. There is no reason we should hold our public officials to a lesser standard,” wrote the grand jury. “We hope our words are heard and our recommendations are followed.”
The report notes that in 2009, 1,082 individuals were charged nationwide with public corruption related prosecutions by the U.S. attorneys’ offices. State and local officials made up 363 of those charged. And, in 2009, 1,061 individuals were convicted nationwide for public corruption related prosecutions by the U.S. attorneys’ offices.
Earlier this year, Palm Beach County convened a grand jury to investigate public corruption after numerous of its county commissioners were charged with crimes. Among its recommendations was for the Legislature to create a sentencing enhancement for crimes committed “under the color of law."
In April, the South Florida Business Journal conducted a panel discussion on public corruption. Click here to read more.
In the past few years, several Palm Beach County commissioners were sentenced on public corruption charges:
* Ray Liberti, a West Palm Beach commissioner, pleaded guilty to federal corruption charges and served 14 months in prison. Liberti exploited his elected position to force a business to sell out to a real estate investor at a discounted price in return for cash and gifts.
* Tony Masilotti, a Palm Beach County commissioner, was sentenced to five years in prison in 2007 after pleading guilty to honest services fraud charges related to secret land deals that netted him millions of dollars in personal profit.
* Mary McCarty, a Palm Beach County commissioner, was sentenced to up to 42 months in prison last June after pleading guilty to a corruption charge. McCarty accepted free hotel rooms from a Delray Beach developer vying to build a county convention center hotel, and failed to disclose personal profits gained from county bond issues handled by a firm where her husband worked.
* Warren Newell, a Palm Beach County commissioner, was sentenced to five years in prison in January 2008 after pleading guilty to conspiracy to commit honest services fraud over profiteering from real estate deals that came before the county commission. He could be released later this year.
* Jeff Koons, a Palm Beach County commissioner pleaded guilty in August to one felony count of extortion, and to perjury and violation of the state’s open meeting laws. He was sentenced to five years’ probation and will pay an $11,500 fine.
In Broward County, former Commissioner Diana Wasserman-Rubin resigned in July after being charged with seven counts of unlawful compensation.
And, one-time Miramar commissioner Fitzroy Salesman, 53, was sentenced in July to 51 months in prison after a jury convicted him of two counts of bribery and two counts of extortion under color of official right.
Click here to read the report.
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