| |
|
STATE ATTORNEY'S OFFICE NEWSLETTER
|
We recently celebrated the bittersweet retirement of Penny Brill, the Division Chief of the SAO's Legal Division. Penny began her career in government service in 1982, working in the Attorney General's Office in Miami. She then transferred to the Attorney General's Office in West Palm Beach for three years.
During that time, Penny honed her skills in advocating for the State. She presented many oral arguments which helped shape the law in the State of Florida. In 1987, Penny began working in our office's Legal Division assisting lawyers in preparing and presenting their arguments and continuing her appellate skills by assisting Assistant Attorney Generals as well as representing the State in appeals.
In 2002, Penny was promoted to the Division Chief of our Legal Division. She supervised other lawyers who also assisted courtroom lawyers and appellate lawyers. During this time, she became the office expert on death penalty litigation. Never letting her personal beliefs get in the way, Penny helped interpret the law and present evidence in a fair-minded way. She could always see both sides of an argument and always made sure the State argued what was right even if it was an argument which prevented the State from going forward. Penny always held herself and every lawyer she assisted to the highest of ethical standards.
Penny was able to empathize with victims and victim's families and through her advocacy, was able to help victims know that our office was presenting the best case possible. Many victims and victim's families have kept in touch with her to this day.
Penny always shared her wealth of knowledge about the law, giving lectures all over Florida and providing in-house trainings. Penny won the coveted Gene Barry Award for Prosecutors as well as the Florida Prosecutors Association Award for Education.
I thank Penny for what she meant not only to our office as a dear friend
and colleague,
but
also for
what she meant to our community as an advocate for justice.
Sincerely,
|
|
Forged Signatures and Faked Stamps Lead to Charges
|
After complaints were made by a licensed Florida architect that his former employer was forging his signature and using his State Architectural license number on numerous Miami-Dade County required documents recorded with the Clerk of Court and related to rehabilitated homes, a joint investigation was undertaken by the Office of the Miami-Dade State Attorney and the Miami-Dade Office of the Inspector General. As a result of this investigation, the Florida limited liability company, Newest Kendall LLC, Jorge Fernandez (an owner and operator of Newest Kendall) and Newest Kendall office employees Javier Quintero and Jose Manuel Vence, all surrendered in Circuit and County Courts.
The company, Newest Kendall LLC, Jorge Fernandez and Javier Quintero were charged with counts of Grand Theft, Identity Theft of a Person 60 Years or Older, Recording False Documents related to Title to Real Property. Jose Manuel Vance was charged with Petit Theft.
Newest Kendall LLC and Jorge Fernandez were involved in the purchase, rehabilitation and sale of foreclosed homes. In order to sell the rehabilitated homes, a Miami-Dade County Certificate of Use (CU) had to be obtained. In the application process, a licensed architect is required to inspect the home for structural soundness, render an opinion and estimate of the cost of any required rehabilitation work for the proposed purchaser. The complaining architect denied inspecting, preparing, or signing any of the 109 questioned "Disclosure and Findings Reports", which were recorded at the Miami-Dade County Recorder's Office. The architect noticed that all the inspection reports were prepared on behalf of companies related to his former employer. The investigation revealed that Javier Quintero, using his position within Jorge Fernandez's or his entities' employ, produced and signed the false and forged inspection reports. The investigation showed that Fernandez knew of Quintero's actions and did nothing to stop them. Vence's role was to deliver the fraudulent documents to the County.
By forging the Disclosure and Findings Reports, Fernandez's companies saved the architectural or engineering fees of at least $400.00 per house ($43,600) and fraudulently obtained Miami-Dade County Certificates of Use valued at $36,375.48. As a result of this investigation, Jorge Fernandez and his entities have resubmitted valid documents and obtained valid CUs on 87 of the 109 properties.
In criminal court, Newest Kendall LLC pled guilty to the charges and was sentenced to five years of probation. As part of the plea, it must work to obtain valid CUs on the remaining outstanding properties, institute an employee ethics training program, file monitoring reports related to any CUs applied for during the term of probation, and pay costs of investigation. Moreover, Newest Kendall LLC must deposit $25,000 in trust to be used in legalizing the outstanding properties, if needed. To the extent that the money is not expended, the remaining money will be used to support victims of crime.
"As this case aptly shows, there are no short-cuts to honesty and propriety," said State Attorney Katherine Fernandez Rundle. "To save a few dollars, these defendants deliberately stole a man's professional reputation and he properly worked with the Miami-Dade Office of the Inspector General and prosecutors from my office to restore his good name."
To clarify the housing certification issues, the Court entered orders finding all of the fraudulent Disclosure and Findings Reports null and void and sealing them from public view. The Court also entered orders revoking all of the fraudulently obtained CUs. Pursuant to a civil lawsuit filed against Jorge Fernandez and others, restitution to the architect has already been paid.
|
|
Attorney Arrested in Cyber Stalking Case
|
|
|
 |
| Source: Miami-Dade Corrections Department |
|
In a joint investigation, the Miami-Dade State Attorney's Office, the Miami-Dade Police Department, and the Miami Electronic Crimes Task Force announced the arrest of attorney Grant Griffith Sarbinoff for a variety of alleged charges relating to his seven month harassment of an ex-girlfriend after their relationship had ended. Mr. Sarbinoff allegedly continued to contact the victim immediately following the break-up and continued the unwanted communication in some form nearly every day from September 29, 2016 until his arrest. The communications contained numerous personal insults directed toward the victim, friends and colleagues of hers, and her family. The victim received hundreds of phone calls from Mr. Sarbinoff wherein he allegedly used a phone application to make it appear as if one of the victim's family members, friends or contacts was calling her rather than himself. The victim also received dozens of voicemails allegedly from Mr. Sarbinoff.
The arrest warrant's 28 page example section outlines how Mr. Sarbinoff stalked and cyber-stalked the victim by allegedly accessing a wide variety computer services, including her FP&L account, without her permission and impersonating her. Her power was shut off, multiple charges were made to her credit card for things she did not purchase and a GPS tracking device was even attached to her car. Rideshare records show Mr. Sarbinoff being dropped off by the victim's home late at night more than twenty times after they broke up. In addition, the victim's current boyfriend also received numerous harassing phone calls and text messages and has had numerous attempts made to access various online accounts belonging to him without his permission.
"Stalking and cyber-stalking are 21st century forms of domestic abuse aimed at terrorizing a victim and rendering the person helpless," said Miami-Dade State Attorney Katherine Fernandez Rundle. "Fortunately, good police and prosecutor cooperation swept away all of the deception intended to keep this keep this harassment secret and working. I applaud the work done by the Miami-Dade Police Department and my Cyber Crimes Unit for their efforts ending this abuse."
Grant Griffith Sarbinoff is being charged with varying counts of Stalking, Identity Theft with 20 or More Victims, Identity Theft, Unauthorized Access to a Protected Computer System, Unlawful Installation of a GPS Tracking Device, Harassing Phone Calls, and Unlawful Use of a Communications Device.
|
|
State Attorney's Office Alumni Profile
|
|
|
|
| Luis Perez, Chief of Economic & Environmental Crimes at the U.S. Attorney's Office |
|
When you speak with Luis M. Perez, it is almost impossible to keep a straight face or not laugh. His quick wit and sense of humor permeate any conversation. But don't let that fool you because when it comes to the law, he is all business.
"Luis was always a dedicated and professional prosecutor," commented State Attorney Katherine Fernandez Rundle. "As an Assistant United States Attorney, he remains committed to prosecuting the bad guys and wearing the white hat. Even though he is working at the federal level now, he continues to partner with our office on cases that impact our community. It is always a pleasure to see him, reminisce, and share a good laugh."
Mr. Perez graduated from South Miami High School in 1978. His father had wanted to be a lawyer but wasn't able to achieve his dream. Born in Havana, Cuba and brought to the United States when he was only 30 days old, Mr. Perez was raised with a love and respect for the law, and his future career path was pretty much set.
"Janet Reno spoke at my high school graduation at my behest. I was the Senior Class president and invited her to speak as she was the first female State Attorney here," he explains. "It was then that I knew what kind of attorney that I wanted to be. I knew that I wanted to be a prosecutor."
After two years at Miami Dade Community College, he attended Florida International University, which back then was only a two year institution for upper level classes. Mr. Perez went on to attend and earn his Juris Doctorate at the University of Florida College of Law.
Mr. Perez interned at the State Attorney's Office during the summer after his second year of law school. While here, he told Ms. Reno that he would apply to be an ASA and he did.
"I started at the SAO in August of 1985. I was the first lawyer in my class to receive my Bar exam scores. When I started I was making $17,500 and when I passed the Bar, my salary went way up to $20,000!"
Back then, the SAO was housed on the sixth floor of the Metropolitan Justice Building, now known as the Richard E. Gerstein Building, and the County Court Division was housed in the then mostly vacant Graham Building.
"I committed to Traffic DUI and from there I went to division. Then I went to the Felony Screening Unit for three months before going back to division."
"I remember one of my cases. It was around the time that the courts had begun to allow DNA evidence into trials. My case involved a father who had impregnated his daughter. We were able to extract DNA samples from the fetus. It was the first time that contested DNA evidence had been introduced in a trial in our circuit. He eventually pled guilty."
But it was another of Mr. Perez's cases that left a defendant literally on the floor of the courtroom. "I had the FHP Trooper on the stand providing testimony about a property damage-only leaving the scene of the accident case that he had witnessed. The defendant, a very tall man who was close to 300 pounds, was standing next to me as I spoke to the judge. The Trooper admitted that from his vantage point, he could not see the actual impact. So the judge quite appropriately stated that under the circumstances, she would find the defendant not guilty. As I am documenting my file "NG (Not Guilty), No Eyewitness", out of the corner of my eye I see the defendant toppling directly over, face down, unconscious. The emotion of the moment precipitated a heart attack. The paramedics arrived and took him away on a stretcher. Thankfully he survived."
Mr. Perez was at the SAO for a total of 5 ½ years, the last 2 ½ of which were in the Sexual Battery Unit. This is where some of his most difficult yet most rewarding of his cases took place.
"I remember as if it were yesterday every young child that I interviewed that had been the victim of a sexual assault, usually by a family member or family friend. Listening to a complete innocent trying to describe such atrocities makes a mark on your heart not erased by time. That mark, however, is precisely why we prosecute."
And though Mr. Perez cherished his time at the SAO, in 1990 he made the move to the United States Attorney's Office where he began as a line attorney in the Narcotics Section serving there for 5 ½ years. In 1996, he transferred to the White Collar Crimes Section.
In the 21 years that Mr. Perez has prosecuted white collar crimes cases, he has handled and tried most of the cases that this very busy district has. He presently serves as Chief of the Economic and Environmental Crimes Section, which has 32 Assistant U.S. Attorneys specializing in every type of federal white collar fraud.
One of the things that Mr. Perez enjoys about his work is still being able to collaborate with members of the SAO on current cases. "As an SAO alumnus, it is great to see colleagues who you still get to work with. I always see the State Attorney at different community forums and events and she always treats me as family."
"Every one of us who has transitioned to federal prosecution from the Miami- Dade State Attorney's Office is fully aware that as important as our work is here, the bulk of the prosecutions that maintain the fabric of our community is fully borne by the office from which we came."
Mr. Perez advises current ASAs to learn from their trials. "Every trial is exciting in a different way so watch as many as you can. Also, enjoy helping the victims . . . there is a deep satisfaction in the work of a prosecutor in helping the victims."
|
|
ASA Denise Kelly Honored & Remembered
|
Recently passed but never to be forgotten Division Chief of the SAO Child Support
Program Denise
Kelly, was selected to be honored with the John Balikes Award by the 11th Judicial Circuit of
Florida. This award is given
to individuals who show a great amount of respect and professionalism to the legal profession.
Denise was uniquely devoted, passionate and committed to women and children and to the responsibility that we all have to give our children the wherewithal to survive in this very complex world. With all of that devotion, compassion, and commitment also came her leadership skills, which were contagious. Denise was absolutely dedicated to her job and had the ability to navigate the rapid changes in law and technology while managing a caseload that in one year hit 120,000 cases. Last year alone, Denise and her team of attorneys and support staff collected $166 million dollars in child support. Denise's life as a child advocate shined through her work in Miami-Dade.
Denise will be honored at an awards ceremony at the Children's Courthouse on June 8,
2017 at
Noon.
|
|
Trial Highlights
|
Assistant State Attorneys (ASAs) Octavio Mella and David Chee convicted a defendant of one count of Sale of Cocaine.
ASA's Phil Harte and Rachel Kipnis secured a guilty verdict on a career criminal charged with Burglary of a Conveyance and Petit Theft.
ASAs Daniel Ferrante and Jenna Kopp obtained a guilty verdict before Judge Tinkler Mendez on a first degree Grand Theft case.
ASA's Kioceaia Stenson and Drew Bunker won a Battery on a Law Enforcement Officer case.
ASA's Wally Hernandez and Nicole Miller convicted a defendant of Second Degree Arson for setting his car on fire. The state introduced CCTV footage showing the defendant attempting to ignite his vehicle twice before being successful on his third try.
ASA's Robert Ruiz and Erica Zuluaga won a Burglary of a Conveyance case.
Piecing together several pieces of evidence, including a tape that did not show the burglary and fingerprint evidence enabled the state to prove this case beyond a reasonable doubt.
ASA's Bernadette Sadeek and Kelly Hartman convicted a defendant of one count of Resisting an Officer with Violence and one count of Battery.
Court Training Attorney Jessica Underwood and ASA Daniel Walsh obtained a guilty verdict on one count of Violation of Injunction Against Domestic Violence and one count of Resisting Officer Without Violence before Judge Brinkley.
In County Court, guilty verdicts were secured by ASA's
Jacqueline
Russo, Leon Hunter, Khalil Quinan, Yaniv Nahon, Justin Schneider, Tal Wollschlaeger, Joshua Rice,
Andrew Dressler
, Jacob Castineira, Priscilla Perez, and Certified Legal Intern Gabriel Hawa.
|
|
| |
|
| REPORT PUBLIC CORRUPTION ! |
 |
|
Don't Allow the Public's Trust to be Jeopardized.
Hotline:
305-547-3300
|
| Grand Jury Reports |
|
|
Need the latest Grand Jury Report or any other Grand Jury Report dating back to 1965?
Click Here
|
| Our Community Outreach Events |
 |
June 6 - CAC Meeting, Miami-Dade Midwest District Station, 9101 NW 25 Street, Doral, FL, 33172, 6:30PM - 8:30PM
June 7 - Citizens Crime Watch Meeting, 1515 NW 79 Avenue, Doral, FL, 33126, 10:00AM - 12:00PM
June 8 - Community Meeting with Church & Ministerial Alliance, Greater St. Paul AME Church, 3680 Thomas Avenue, Miami, FL, 33133, 8:00AM - 11:00AM
June 10 - Peace in the Gardens, Miami Carol City Park, 18500 NW 32 Avenue, Miami Gardens, FL, 33056, 10:00AM - 2:00PM
June 12 - Walking One Stop in Overtown, City of Miami Police Department, 400 NW 2nd Avenue, Miami, FL, 33101, 9:30AM - 10:00AM
June 28 - ID Theft Workshop hosted by Doral Chamber of Commerce, Doral Government Center, 8401 NW 53 Terrace, Doral, FL, 33166, 9:00AM - 1:00PM
May 11 - Coconut Grove Crime Watch Meeting, Greater St. Paul AME Church, 3680 Thomas Avenue, Miami, FL, 33133, 6:00PM - 8:00PM
June 29 - Sealing and Expungement Event, Joseph Caleb Center, 5400 NW 22 Avenue, Miami, FL, 33142, 4:00PM - 7:00PM
|
| Follow Me On |
 |
|
|
|
|
|
To Receive Future Newsletters
|
|
|
|
