July- August 2023 | Volume 7 |
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A Message from the State Attorney |
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Dear Friend,
Corruption, dishonesty, and unethical behavior by public officials and candidates who hope to earn an elected office all present serious threats to the basic principles and values of public service. Such perceived conduct undermines public confidence in democracy and threatens to erode the rule of law. As a part of my comprehensive approach to fighting crime at all levels, I and my team of lawyers work to gather sufficient evidence to effectively prosecute these cases.
Experience has shown that most people in public service are hardworking, decent, honest, caring people. Inevitably, there are some individuals who will abuse the public trust. I have always prioritized identifying and charging them when the evidence proved appropriate to do so. Over the years we have prosecuted mayors, county and city commissioners, a wide range of candidates for office, and public employees. In fact, my office has prosecuted over 900 cases against public officials and public employees (over 600 of those were for crimes involving their official positions). Several hundred of these cases were against police officers and dozens of individuals, both candidates and elected officials running for office, charged with campaign and election law violations. Such prosecutions are imperative if we truly want our elections and our election campaigns to be fair, honest, and transparent.
These case filing numbers do not include those hundreds of investigations that failed to develop sufficient evidence to prosecute. Remember, many of these types of possible crimes are committed by one or two people and without witnesses, which can prohibit prosecution. Unfortunately, my limited ability to comment on investigative activities undertaken by my office means that many of our efforts will not be seen in the pages of the newspaper or on the evening news. Additionally, there are occasions where the actions of an individual may raise the public’s anger, but the actions are not a violation of the law.
Under state law, we can only charge individuals who have violated Florida’s criminal statutes. Nevertheless, our community should know that such matters are reviewed thoroughly. I wish we could expedite the pace of our investigations and the arrests of individuals who commit corrupt acts, but as prosecutors we are governed by the law, a strict ethical standard and a heavy burden of proof, in order to file charges.
The cases we have prosecuted against public officials and public employees involved a variety of crimes including official misconduct, bribery, election and campaign finance fraud, police corruption and police brutality. Such offenses involve an abuse of the trust and misuse of the authority given to those officials by the community.
The State Attorney’s Office Public Corruption Unit is a specialized division that I created and is comprised of Assistant State Attorneys and investigators specializing in corruption matters. I also created the State Attorney’s Multi-Agency Public Corruption Task Force. The Task Force was created in 2014 and consists of a dedicated group of detectives from local police departments. We also work with our partners from the Miami-Dade Commission on Ethics and Public Trust and the Miami-Dade Office of Inspector General. We are extremely fortunate to have a law enforcement community that works together and collaborates on every major public corruption case.
The fight against public corruption is a constant effort to maintain the integrity of our governmental system. I remain unwavering in my commitment to ferret out and prosecute public officials and employees who breach the public trust when they lie, cheat, steal, or otherwise break the law.
Thank you and God Bless,
Sincerely,
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SAO Police Accountability and Integrity Unit :
Former Hialeah Officer Found
Guilty of Kidnapping Homeless Man
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Former Hialeah Police Officer Rafael Otano was found guilty of Armed Kidnapping by a jury after a weeklong trial. Otano and a colleague were originally charged with the Armed Kidnapping and Battery of 53-year-old Jose Ortega Gutierrez. A third individual is being charged with Witness Tampering in an effort to cover up the actions of the two officers.
“When a police officer violates his oath to protect the community and uphold the law, he not only betrays all his fellow police officers, but he also betrays the very people he swore to safeguard and his badge,” said State Attorney Fernandez Rundle. “A Miami-Dade jury decided, after hearing all the witnesses and reviewing all the evidence, that former Hialeah police officer Rafael Otano committed the serious crime of kidnapping (forcibly abducting or imprisoning another person against his will without lawful authority) had occurred when Rafael Otano decided to misuse his police authority to abuse a homeless man. The jury clearly felt, as did I and the prosecutors handling this case, that such actions cannot ever be ignored or accepted.”
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This case was investigated by the SAO Public Corruption Unit’s Police Accountability and Integrity Team (PAIT), which consists of volunteer prosecutors who have significant experience handling these types of complex and often sensitive cases.
“I applaud the hard work and diligence of Division Chief Shawn Abuhoff, Assistant State Attorney Carolina Sanchez, and the investigative team from the Hialeah Police Department, for their amazing efforts in this case,” said State Attorney Katherine Fernandez Rundle. “I also want to thank Hialeah Police Chief George Fuente and Hialeah Mayor Esteban Bovo, who vowed to clean up any corruption that could be found in their police department.”
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SAO Public Corruption Task Force:
Ex-Candidate Arrested on
Campaign Finance Charges
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State Attorney Katherine Fernandez Rundle held a press conference announcing the arrest of former Miami-Dade County Commission candidate Sophia Lacayo for allegedly committing crimes related to the campaign financing of her 2022 failed election bid for the District 12 seat.
"Our belief is that they were deliberate steps taken to sidestep our campaign finance laws in a quest to gain a seat on the Miami-Dade County Commission," said State Attorney Fernandez Rundle. "...These steps include running funds through several different bank accounts in order to obscure the source of the funds."
The investigation by the SAO Public Corruption Task Force outlines in their arrest warrant how Lacayo moved over $450,000 into her campaign account through her non-campaign accounts. She obtained personal and business loans from many individuals and companies and used these monies to fund her campaign for county commissioner.
The funds would then be moved through her business and personal bank accounts before ending up in her campaign account in an effort to eliminate the money’s source of origin.
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Lacayo was charged with:
• 4 counts - Making 2 or more campaign contributions in the name of another
(3rd degree felony)
• 4 counts - Receiving 2 or more campaign contributions in excess of the limits
(3rd degree felony)
• 7 counts - Falsifying, reporting or deliberately failing to include information
(1st degree misdemeanor)
• 3 counts - Making campaign contribution in the name of another
(1st degree misdemeanor)
• 3 counts - Receiving a campaign contribution in excess of the limit
(1st degree misdemeanor)
“We believe such actions are clearly illegal and cannot be tolerated if we hope to have honest, fair and transparent elections,” said State Attorney Fernandez Rundle.
To report any public corruption, please call our SAO Public Corruption Hotline at 305-547-3300.
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SAO Elder and Vulnerable Adult Task Force:
Two Arrested In Expoitation Of 82-Year-Old Man
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State Attorney Katherine Fernandez Rundle held a press conference to discuss the arrest of Nerelis Leiva and Rita Benet, who were allegedly involved in the exploitation of an 82-year-old vulnerable adult who resided in Coconut Grove. The State Attorney was joined by Miami-Dade County Mayor Daniella Levine Cava, Miami-Dade Clerk of the Court and Comptroller Juan Fernandez-Barquin, Miami-Dade Police Department Captain Andy Valdes, and Lieutenant Jorge Audio, along with several members of the EVA Task Force.
“Since establishing the Elderly and Vulnerable Adult (EVA) Exploitation Task Force, we have been vigorously investigating and arresting individuals involved in instances of elder exploitation,” said State Attorney Katherine Fernandez Rundle. “This case shows how a single citizen, making a single call to our Elder and Vulnerable Adult Hotline, can actually make a difference and help us hold these scammers accountable. We will not allow these transgressions to go unnoticed and unpunished.”
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Nerelis Leiva, the receptionist at the Victim’s primary care physician’s office, took advantage of the Victim’s declining faculties and the death of his life partner. In September of 2021, she began to visit him at home under the pretense of checking his blood sugar despite not being a licensed nurse. Between October and November of 2021, Leiva moved into the Victim’s residence, along with her domestic partner and minor son.
About a month or so later, on December 1st, 2021, Leiva filed a quit claim deed on our Victim’s Coconut Grove home, valued at over two million ($2,000,000) dollars at that time. This change added Leiva as a “joint tenant with rights of survivorship” to the deed, which gave Leiva automatic ownership of the property upon the death of our Victim.
“A little more than one month before our Victim’s death, Leiva entered into a listing agreement with a real estate agent to sell our Victim’s Coconut Grove home,” said State Attorney Fernandez Rundle.
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Hired by Leiva in February of 2022, Rita Benet played an important role in Leiva’s theft of our Victim’s assets. As a notary public, Benet was an integral part of the scheme and the efforts to defraud our Victim. Among the documents notarized by Benet were a durable power of attorney, a new last will and testament, and a revocation of last will and testament.
Benet’s notarization granted Leiva authority over our Victim’s personal assets, private property, and the entirety of his estate. Leiva then utilized the durable power of attorney document to officially add herself onto the bank account of the Victim, where she continued to use the Victim’s personal identifiable information such as name, social security, date of birth, signature, and bank debit card.
All of this may have gone unnoticed but for a call from a neighbor to our SAO EVA Task Force Hotline. He expressed concern for our Victim’s well-being given that there had been dramatic changes in lifestyle activities coming from the home. The hotline call set into motion the task force protocols and investigative process which led to the arrest and charging of Leiva and Benet.
The State Attorney concluded the press conference by urging individuals to report suspected Elder and Vulnerable Abuse to the EVA Hotline at 786-804-6723.
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Welcome to the New Hire Class of 2023 |
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The SAO recently welcomed our 2023 Class of Assistant State Attorneys (ASAs). Forty new prosecutors have chosen to take on the mantle of being ministers of justice. During their intense prosecutorial training program, they are learning how our office functions, gaining first-hand knowledge of what a prosecutor does, and what our role is in our community. Through this training, they will learn how to be fair, ethical, and effective, and what they learn will be the foundation for who they will be as prosecutors.
“Being a prosecutor is an honor and a privilege that comes with great responsibility. That is why I always instill in them that justice is something that you do for people, not to people. Above all else, it is our duty to always do what is right,” said State Attorney Katherine Fernandez Rundle.
State Attorney Fernandez Rundle and her Leadership Team have fought for higher salaries, affordable housing, and a living wage for our prosecutors and staff. These are key in order for the SAO to recruit, hire and retain the best talent possible to uphold the law, defend the vulnerable, and keep our community safe. Fortunately, we were able to obtain increased funding during the past Legislative session. These increases do not completely resolve the problem, but does help our dedicated team to continue to serve you while being able to better provide for themselves and their families.
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Join us in congratulating the
New Class of 2023.
Welcome to the Best Team
in America!
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Justice for Laurance Webb,
A Mother's Persistence and Love
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State Attorney Katherine Fernandez Rundle hosted a press conference to discuss our successful prosecution in the senseless case of homicide victim Laurance Webb and the attempted First Degree Premeditated Murder of Vincent Green.
Surrounded by Laurance Webb’s family and friends, State Attorney Fernandez Rundle stated, “This press conference is for Laurance Webb’s mother, Natrice, and her family, who stand as a shining beacon of perseverance, faith, and hope. There can never be joy surrounding the death of such a vibrant personality as her beloved daughter, but we are gathered today to give hope to other families who have been victimized by senseless gun violence. Victims of unsolved homicides should know that their pain is not forgotten. My prosecutors continue to work with dedicated police detectives to develop those necessary pieces of evidence needed to bring these cases to trial and bring perpetrators to justice, not matter how long it takes.”
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A huge thank you to Chief ASA of the Felony Unit Kathleen Hoague, DC Shawn Abuhoff, ASA Annette Rasco, and Investigator Roderick Passmore, who worked alongside Chief Manuel Morales’ Detectives at the Miami Police Department, for their skills, passion, and dedication resulting in guilty jury verdicts against defendant Tavon Graham, who was immediately sentenced to life in prison.
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United Against Gun Violence |
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State Attorney Katherine Fernandez Rundle joined an esteemed group of panelists, including Miami-Dade Florida State Representative Christopher Benjamin, US Attorney's Office, Southern District of Florida, US Dept. of Justice Representative Harry Wallace, Jr., Miami-Dade Police Department Interim Director Stephanie Daniels, Miami Police Department Chief Manuel Morales, Miami Gardens Police Department Chief Delma Noel-Pratt, North Miami PD, United Teachers of Dade President Karla Hernandez, and members of Florida Parents of Murdered Children, Inc., as they discussed the issue of gun violence within our community.
“No mother can ever recover from the senseless killing of their son or daughter. The longer it takes to bring the killer to justice, the deeper the sense of pain and loss. I am honored to be a panelist as I believe constant dialogue and collaboration will help us produce positive results in reducing gun violence within our communities,” stated State Attorney Katherine Fernandez Rundle, “My office and I are devoted to stopping gun violence and ensuring that those responsible are held accountable.”
This public forum, hosted by Tangela Sears, founder of Florida Parents of Murdered Children, Inc., and United Teachers of Dade, was held at Mt. Calvary Missionary Baptist Church and allowed the panelists to connect with families and address their concerns.
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Community Outreach in Action |
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State Attorney Katherine Fernandez Rundle thanks all who attended our “Second Chance” Sealing or Expungement Event held at Community Health of South Florida, Inc. Doris Ison Health Center in July and the International Brotherhood of Electrical Workers Union in August.
Over the last two months, the State Attorney’s Office assisted 180 individuals, with 65% of attendees eligible to seal or expunge one arrest in Miami-Dade County.
This event would not be possible without the assistance from our community partners at the Miami-Dade Clerk of the Court and Comptroller, Miami-Dade Public Defender’s Office, Miami-Dade Police Department, Miami-Dade County Safe in the 305 Grant, Miami-Dade County Elections Department, NAACP Miami-Dade Branch, the Florida Rights Restoration Coalition, Miami Dade College, and Community Health of South Florida, Inc.
Next month, this event will be held at Betty T. Ferguson Recreational Complex in Miami Gardens. Follow us on social media for additional information.
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Community Outreach Representatives Janeen Jones and Steve Machin participated in the Mothers Fighting For Justice “9th Annual Memorial Walk for Justice.” Joined by JIM Volunteers Olubukola Soremekun, Doreen Yawn, Shavonya Stachan, and Adriane Williams, the walk honored individuals who are seeking justice for loved ones who succumbed to senseless gun violence.
Romania Dukes founded Mothers Fighting for Justice after her 18-year-old son, De’Michael, was shot and killed in 2014. The mission of Mothers Fighting for Justice is to end violence by empowering mothers and youths to challenge the normalization of gun violence and become a voice for change in their homes, schools, and communities.
During the event, Janeen spoke to attendees about the importance of coming forward to share information with appropriate authorities, reminding individuals that “seeking Justice means finding the truth.”
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Community Outreach Representatives Angie Fernandez, Janeen Jones, Jose Lopez, Steve Machin, and Luis Martinez, along with Victim Specialist Lisa Simmons-Whyte, participated in National Night Out activities hosted in different parts of the county. Representatives attended events at North Trail Park, Modello Park, Country Village Park, and Miami Beach Police Department.
National Night Out is a nationwide event hosted by law enforcement in an effort to strengthen community and law enforcement relationships while raising awareness in communities about drug and crime prevention.
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Judge Cristina Miranda,
Circuit Court,
Miami-Dade County
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This month we highlight a distinguished
alumni member of our SAO family.
We present our SAO Alumni Profile -
Judge Cristina Miranda.
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