Relentless Legal Weasel Strikes Miami Beach

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MIAMI MIRROR - TRUE REFLECTIONS

THE RELENTLESS LEGAL WEASEL STRIKES AGAIN


Looking for Quid Pro Quos in Miami Beach
July 15, 2015
By David Arthur Walters
Miami BeachThis Tuesday Breakfast Club meeting promised to be entertaining. A
fistfight had nearly broken out at the last commission meeting, I was told, and hostilities
would probably be resumed over breakfast at Abuelas Cuban Kitchen.

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The honeymoon enjoyed by the majority purchased by City of Miami Beach Mayor
Philip King Levine, a wealthy propagandist and developer, was coming to an end, or
so it was said, on differences of opinion over what constitutes proper political
fundraising.
Opposition Commissioner Deede Weithorn had picked a fight with Commissioner Jonah
Legal Weasel Wolfson, a Levinite, over his new political action committee, Relentless
for Progress, which had raised $500,000 from contributors in 30 days.
The PAC was based on the principle of free speech, Mr. Wolfson had said. After all, a
PAC funded with unlimited contributions could even provide an opportunity for some
poor fool to win office. His PAC, he said, would support statewide causes. The only
cause supported thus far is Mayor Levine, a wealthy propagandist, developer, and dear
friend to the Clintons, who is setting up the city as the answer to global warming, i.e. a
sparkling jewel for Hilary Clintons run for the Presidency.
It is rumored that Mr. Levine will be rewarded with an ambassadorship when Hilary
takes the White House, a position that he is eminent qualified for as a propagandist who
believes that there is nothing wrong with whatever he represents because it is simply
great.
Mr. Levines faux reform regime has rotated some developers around the trough,
reducing the number of bids to those favored for contracts.
Ms. Weithorn, an auditor by profession, had been going over a shit list of contributors
into Mr. Wolfsons PAC, and she thought it smelled really bad. Mr. Wolfson was
incensed by the implications when she said everybody should know about the ties
between the contributions and contracts let out by the city.
The commission, on the advice of the city attorney that there was insufficient reason to
believe anything unethical was going on, voted against having the county ethics
commission investigate themselves.
City Manager Jimmy Nice Guy Morales, the mayors distinguished henchman, was
apparently disturbed by some of the apparent conflicts of interest after Ms. Weithorn
had made the public fuss, wherefore he had some of the smaller bids trashed.
The Tuesday Breakfast Club meeting was packed but rather reserved. Mr. Wolfson did
not show up for the expected shit fight. Despite the criticism of Mr. Levine and his
administration, my applause meter registered only 33% against his regime including my
own claps.
A couple of people from the city managers office were discretely seated within the
audience. Former activist Frank Del Vecchio, one of Mr. Levines most devoted
advisors, was present, frowning all the while, scribbling notes furiously as his lovely wife
beamed.
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The mayors obscene propaganda and suppression of dissent was most vehemently
objected to by several attendees, one them fervently calling for an election of honest
commissioners and the replacement of the current city administration.
Naysayers are ignored, complain the naysayers. The only access that people with
constructive criticism have to the mayor is the mayors propaganda machine, including a
slick commercial paid for by the PAC.
Former Mayor Matti Bower was present. She was urged to speak her mind. She
protested vehemently against the death of freedom of speech under the new mayors
stifling regime. There is no longer any right to free speech, she said.
Ms. Weithorn spoke at length about the contributions to Mr. Wolfsons PAC. The largest
item on her shit list was an $118,000 contribution from South Beach Tristar Capital, the
developer converting the famous Art Center on Lincoln road to commercial use, and
erecting a retail building on the historic community church garden.
A special master ruled that the church deal would have to be reheard by the historic
preservation board, which seems at times to be almost packed with shills for big
developersJo Manning, a member of the board for many years, has insisted that she
has never been a shill. The city and Tristar appealed, however, and a circuit court judge
ruled that a deal made with the city trumps the special master, who is not really a judge
but is rather an administrative arm of the city administration.
Ms. Weithorn mentioned Mayor Levines political consultant, David Custin, and his role
in PACS, He was in the audience, she said, and he is certainly knowledgeable about
law.
Mr. Custin may be familiar with election laws, yet, if the journalist he threatened has
quoted him correctly, he is a moron when it comes to defamation law, for it appears that
he does not know the difference between slander and libel, and thinks a journalist may
be sued, not for what she says, but what she might say.
I spoke briefly with Ms. Weithorns husband, Mark Weithorn, who is running for her seat
on the city commission as she runs for his seat in the Florida House of Representatives.
The major plank in his platform is dealing with the citys worsening traffic conditions.
That does not include a moratorium on development, a move that would not only curb
congestion but contributions from developers.
I told Mr. Weithorn that The Legal Weasel had probably done nothing illegal. My own
opinion of him, by the way, is that he is a sleazy politician, and a crafty one at that.
Incidentally, I have agreed with many of his positions as commissioner.
Nevertheless, Mr. Weithorn said, Mr. Wolfson may have done something wrong. And to
that I responded that an attorney and accountant who used to review my work, and who
was familiar with everything Solomon had said, told me that, If it is legal, it is moral.
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This is no place for a jurisprudential dissertation on the relation between morals and
law. Suffice it to say legal sanctions may divest politicians of office, whereas moral
sanctions may shame them out of office.
Ms. Weithorn was careful to repeat that she was not claiming Mr. Wolfson et al were
doing anything illegal. Still, some of his conduct might be unethical. A man next to me
guffawed when she referred to the county ethics commission, and whispered that its
director, the state attorney, and the Wolfsons are the same ball of wax.
Someone asked if the payoffs came before or after legislative action was taken. Another
said that would not matter because contributions are legal unless tied to official
decisions.
Man is inherently corrupt. The sin originates in an individuality that may naturally be
contrary to the public good. Legislated rules of law and ethics are intended to curb
corruption in public office; that is, the perversion of its integrity or purity through bribery
or favor.
The courts have been rather vague in their definitions of corruption, and have vacillated
on the liability for apparent corruption as distinguished from actual corruption.
Prosecutors want to see a quid pro quo or an exchange of something for something as
evidence of corruption of the political process. We do not have an exhaustive list of the
"somethings" and their exact relationship. In any case, it is highly unlikely that probable
cause will be found that Mr. Wolfson and his colleagues have been corrupted in any
formal legal and ethical sense, at least not in this jurisdiction. Still, given human nature,
vigilance is the price of freedom. As Adam Smith put it:
The interest of the dealers in any particular branch of trade or manufacture is always
and in some respects different from, and even opposite to that of the public. The
proposal of any new law or regulation of commerce which comes from this order ought
always to be listened to with great precaution, and ought never to be adopted till after
have been long and carefully examined, not only with the most scrupulous, but with the
most suspicious attention. It comes from an order of men whose interest is never the
same with that of the public, who have generally an interest to deceive and even
oppress the public, and who accordingly have, upon many occasions, both deceived
and oppressed it.

QUID QUO PRO IN MIAMI-DADE COUNTY


Another Case of American Sleaze
October 1, 2014
By David Arthur Walters
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MIAMI MIRROR
MIAMI BEACHCommissioner Jonah Wolfson of the City of Miami Beach in his
capacity as campaign manager for his wife Andreas judicial campaign reportedly
accepted $2,500 in campaign contributions for her campaign from a tow company that
did not do business in her circuit but wanted a rate increase in his, an increase that he
championed. That was perceived by a reporter as a something-for-something or quid
pro quo, a deviation from the public interest, something done for personal gain in his
public capacity.
Commissioner Wolfson, a member of The Florida Bar, and a quite clever one at that, did
not see it that way. His ridiculous response to the reporters question was, Go f***
yourself! Of course that is anatomically impossible.
Joe Centorino, Director of the Miami-Dade Commission on Ethics and Public Trust, did
not see it that way either. I do not know what he saw because he did not bother to
respond to my inquiries about the matter. I do know that he does not respond to
information received from independent journalists, i.e. opposition journalists, who have
questioned his integrity or the exercise of his prosecutorial discretion. Regardless, he is
a wise guy, and I treasure some of his thoughts on ethics.
Perhaps he found the howls from the Miami New Times rag personally insulting. After
all, both he and Andrea had worked in the office of State Attorney Kathy Rundle, and
Andrea had taught ethics to kids at the Ethics Commission where he directed the staff.
They are the very personification of integrity.
My guess is that he saw no evidence of a quid pro quo in the information he received,
and did not care to investigate the matter to see if some could be found secreted
somewhere, like a handwritten contract stating, Whereas the tow companies want a
rate increase in the City of Miami Beach; Whereas Andrea Wolfson, the wife of Jonah
Wolfson, a commissioner for the City of Miami Beach, desires bundled contributions for
her judicial campaign in a different circuit, where they do not operate; Therefore it is
Agreed that Beach Tow will contribute at least $2,000 to her campaign in return for his
support of the rate increase.
Fat chance of finding that! It is not easy to catch someone holding the bag so it can be
produced in court as evidence. Sometimes a Cadillac is found in the driveway and cold
cash in the freezer in return for specific legislation, but that is rare.
And forget the appearance of impropriety that the formerly noble profession of law still
refers to on rare occasions, such as when a lawyer is photographed fornicating on the
beach. Everybody knows that politicians even if lawyers must either be enormously
wealthy or sleazy to win elections where big money pouring into specious
advertisements somehow persuades the electorate who is competent to lead them.
Welcome to American Sleaze aka the American Way.

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What are most campaign contributions for, anyway, if not to buy support for certain
causes? Too bad that most politicians are hypocrites, as several studies looking for
overall statistical links between contributions and legislation have shown.
Tow company rates were increased over the objections of City Manager Jorge
Gonzalez. Sure, his car was towed, but we are with him against the towing mafia!
Commissioner Wolfson led the campaign to force Gonzalez to retire immediately, under
the pretext that his administration was corrupt. Gonzalez asserted that certain
commissioners were actually at the root of the corruption.
Now Andrea Wolfsons campaign also received contributions bundled by Boucher
Brothers, the company holding the citys beach concession contract. Thanks to Wolfson
and his colleagues, Boucher gratefully received a new contract on which they did not
have to bid. The rationale was that competitors were not big enough to handle the job,
wherefore none of them should get the contract so one of them could become that big.
Here is how that was worked out.
The commission held a special two-day retreat over at the W Hotel on South Beach.
Such retreats are normally held as general strategy sessions, so the public does not
show up. Public notice is given but no agenda is published. Commissioner Wolfson
attended the retreat briefly in order to sponsor special legislation, the awarding of a nobid contract to Boucher Brothers. No other legislation was considered. Wolfson did not
disclose the contributions his wife received from Boucher Brothers. The details of the
contract were referred to staff. The no-bid contract was slam-dunked at the next regular
commission meeting. Gayle Durham wanted to know what the other wives got.
Normally bills have two readings at regular commission hearings. A bill may be voted up
or down at the first reading, but ordinarily a proposition if deemed acceptable for
consideration is scheduled for the second reading, perhaps referred to staff to work out
details in the interim. Here the so-called retreat, a rather casual affair, served as the first
reading.
If this case looks fishy, if it looks like the city commission, at Wolfsons behest, made
sure the issue was not fully aired so that it could slip a no-bid contract over the public
after the wool was pulled over its eyes, it is fishy indeed, so fishy that it stinks all the
way to Denmark.
Someone, perhaps City Manager Gonzalez, tipped off the Ethics Commission on the
obvious intention to skirt the Sunshine Act. The ethics investigator, under advice of
ethics lawyers, probably including Director Centorino, found no violation in a flagrantly
erroneous investigative report, which I have discussed at length elsewhere.
I suspect that Gonzalez was the complainant because he never signed the mandatory
recommendation required for the commission to waive bidding before awarding a no-bid
contract. The Resolution he signed merely says he would have made the
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recommendation, but he did not make it. He simply bowed to the will of the commission.
The Resolution may just as well have read that he would have made the
recommendation if he had not felt that the award had been rigged by Commissioner
Wolfson in return for campaign contributions made to Judge Wolfson.
Goodbye Gonzalez, hello new regime. People may believe that Wolfson recruited travel
media magnate and real estate developer Philip Levine, whose wealth is probably
exaggerated at a billion dollars, to take over a million bucks out of his pocket to buy a
commission majority led by him as mayor to save the disreputable city from corruption.
It is more likely that Levine recruited Wolfson, so Wolfson broke his promise to support
former Commission Michael Gongoras campaign for the mayors set.
Not surprisingly, Ethics Commission Director Centorino has not responded to
information produced about Boucher Brothers contributions to Judge Wolfsons
campaign. There is nothing unethical in contributing to a judges campaign no matter
where she will preside. That is not a Cadillac or cold cash in the freezer in return for a
fixed case. If her husband had gotten the contributions himself for his own campaign in
Miami Beach, his sponsorship of the no-bid contract for the donor would look fishy, but
the lawyers at the Ethics Commission would see nothing unethical per se. It is just
another case of American Sleaze. If anyone disagrees, I have more than two or three
words for them: I have these 1,250 words.
##

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August15,2013
JoeCentorino,Director
MIAMIDADECOUNTYCOMMISSIONONETHICSANDPUBLICTRUST
Re:CommissionerJonahWolfsonsaidGof***yourself.
DearSir:
I understand that the Florida Bar has someone who goes through legitimate newspapers for
storiesindicatingthatoneofitsmembersisviolatingitsrules,and,whenthereisreasonable
suspicionofmisconductbasedontheaccount,initiatesaninquiry.Thepublicisalsoreliedon
tobringnewsaccountsofpossiblemisconducttotheBarsattention.
PerhapstheCOEhassomeoneexaminingbonafidepressaccountsforindicationsthatapublic
officialmightbeexploitinghisofficeforhispersonalgainorthegainofsomeoneelse.Ifnot,
maybeamemberofthepublichasalreadydirectedyourattentiontotheAugust614,2013,
MiamiNewTimesarticlebyFranciscoAlvaradoentitledHustle&Tow.
The report has Commission Jonah Wolfson, Florida Bar member 498130, championing a rate
increasefortowingcompanies,andassertsthatBeachTowingcontributed$2,500tohiswifes
successfulbidforcountycircuitjudge,whileTremontTowingand35companies,havingthe
same address as Russell Galbuts company, Crescent Heights, contributed $17,500 to that
campaign.
Wolfson, when asked for his explanation for the sake of journalistic balance, allegedly
respondedGof***yourself.
I do not know if our local Village Voice publication is considered to be a legitimate paper. I
supposetheMiamiNewTimescheckedthefactsbehindthestorypriortopublishingit.AndI
am unclearas to what the exploitation of public office forpersonal gain means after reading
several Ethics Commission decisions, especially when the persons investigated happen to be
lawyers.However,thisnewsaccountmightbesomethingforyourcommissiontoinquireintoif
yourinvestigatorsarenotalreadyonit.
IcansaythatGof***yourselfrangabellwhenIreadit,asthathasbeenprettymuchthe
attitudeofmanymembersoftheCityofMiamiBeachregimewheninquiriesintotheirconduct
aremadebymembersofthepublicanditsbonafidepress.
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Furthermore,theNewTimesallegationthatthecitycommissiongotridofformerCityManager
JorgeGonzalezbecauseheopposedtheratehikesmakessensenow.Irecall,whenIattendeda
meetingwherethesocalledoppositionledbyWolfsonandretiredlawyerFrankDelVecchio,
that Mayor Bower pointed out to me how Wolfson was scurrying around the room currying
favor. Despite her cynicism, my report filed thereafter depicted Wolfson as a populist hero.
Actually,hehasnotrespondedtoasingleoneofmyconcernsoverthelastfewyears,soIdo
notknowhowpopularhereallyis.
IwasnofriendofJorgeGonzalez.IobjectedtowhatIperceivedashisarroganceandlackof
oversight of department heads. However, when he responded to the public clamor and
proceededtoconductinvestigationsandmakerecommendations,Ifeltheshouldbekepton
boardforatleastayeargivenhisknowledgeofthecity.Still,thecallforimmediatecrucifixion
resulted in his immediate forced resignation, with a handsome payoff to go quietly into the
unemploymentline.Perhapshewillnotbesoquiet,andtellallinabookthatmayoutsellJ.P.
MorgansSinsofSouthBeach.
It occurred to me that Jorge Gonzalez was not the allpowerful City Boss I thought he was.
TherewasobviouslyaRingbehindthethronepullinghisstrings.WhenIobservedthattheso
calledOppositionwasnotreallyanOpposition, andrecalledhowtheOppositionhadatleast
toleratedGonzalezforoveradecade,andsuggestedtotheOppositionthathebekeptonfora
year,acommissionerexpressedmockastonishment,askingmewherehecouldgetsomegood
pottosmoke.
ThatiswhyIbecameanadvocateforastrongmayorsystem,withamayorwhocanvetothe
commission,andwhocanberecalledorvotedoutifhedoesnotperform,insteadofthecity
managersystem,whichissupposedtobeabusinesslikesystembutisjustapoliticalcharade
withapuppetwhomustgoalongwiththeRing,whichisdominatedbylawyers.
GoodGrief,isittruethatcertaincitycommissionersaremorallycorrupt,thattheymayhave
soldoutthepublic,andscapegoatedtheircitymanager,forthetowingcompanies?
I suppose the answer to that will be Go f*** yourself, as usual, but I just had to ask the
question.
Sincerely,
DavidArthurWalters
ATTACHED:

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News:MiamiBeachHadJorgeforBreakfast
May10,2012|SunPost
ByDavidArthurWalters
Miami Beach City Manager Jorge Gonzalez was barely honored at this mornings Tuesday
Breakfast Club meeting at Davids Caf. In fact, disgruntled residents, hungry for reform, had
thehandsomecitymanagerforbreakfast.Manypeoplehavebeenafraidtospeakoutforfear
of retaliation from city officials, but the climate of fear has been dissipated by an ongoing
investigationintocorruptionbytheFBIthathasalreadynettedsevenarrests.Theonlyhonor
hereceivedwasathankyouforthegoodthingshehasaccomplished,witharecommendation
thatheresignbeforethecitycommissionconsiderslettinghimgotomorrow.
Mr.Gonzalezpointedoutthatarecentpollof3,500residentschosenatrandomimpliesthat
80%ofMiamiBeachresidentsbelievethequalityoflifeissohighthattheywouldrecommend
living here. He cited several improvements, but he did not cite the recently released statistic
that the major crime index is up 13.8% in Miami Beach, which is one of the most dangerous
smallcitiesinthecountry,whileitfellstatewide.
He recited several steps he wants to take to address the issues raised by outraged residents
whobelievehis12yearadministrationhasresultedintheshamingoftheCityofMiamiBeach.
Notthatanyonebelievesheisacriminal.Indeed,hehasappointedhimselfpartnerwiththe
FBI.SomepeoplenowrefertohimasGManGonzalez.
Iwastemptedtohelpthrowhimtothewolvesbyrecitingsomeveryembarrassingfacts,butI
managedtoholdmytonguewithoneexception,whichIwillnotrelateherebecauseIpromised
MayorMattiHerreraBowerthatIwouldnotbatterherwitha10,000wordmissive.
Althoughthemanagercanbefaultedforthebadsystem,heisthevictimofasystemthatwas
supposedtoeffectreform.Thestrongcitymanagerreformwassupposedtotakepoliticsoutof

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management and turn it over to scientific administrators. Corrupt political bosses loved the
reformbecauseitmadetheirjobeasier.
A smaller, lowly paid city legislature, serving parttime with a parttime mayor, who has no
more power than a commissioner other than chairing the commission and being a focus of
publicattention,canbickeramongthemselvesinpublicwhiledivvyinguppoliticalspoilsinthe
shadowsnotwithstandingtheSunshineAct.Ofcoursethereisalwaysthechancethatoneor
twocommissionerswillgetoutoflineforonereasonoranother,buttheycanbekeptincheck.
Nowastrongcitymanagerreformcharterprovidesforastrongcitymanagertoheadthecity,
andhistenuremaybeindefinite.Iftenureisnotunlimited,hiscontractmayberenewedtime
and time again. He will form a tight ring with his department heads. A successful ring or
machineisneverentirelycorruptbecauseitmustsatisfysomeoftheintereststhatallowitto
bemaintained.Aswithanybodycorporate,asmallnumberofvotescontrolitsdirectorateuntil
thegrievancesofausuallyapatheticelectoratemountandbringacommunitytothetipping
point. A position then must be taken by the leadership on corruption, and of course the
leadersmustbeagainstitorelse.Politicalfortuneshavebeenmadefightingcorruptionthat
fightalmostwonSamuelTildentheWhiteHouse.
That is not to say that the Boss Gonzalez Ring is just like the Tweed Ring or the Pendergast
Machine.Maybeourcitymanagerhassomesecretaccountsoffshore,orsomerealestatehere
andthereheldbylimitedliabilitycompaniesandcorporations,butIdoubtit.Ibelieveheisin
partthevictimofthesystemheinherited.Somemembersofhisringormachine,namelythe
OldCronies,werearoundbeforehearrivedadozenyearsago.
Incidentally,thecurrenttalkabouthiringqualifiedpeoplewithlotsofexperiencetoreformthe
cityoverlooksthestatisticalevidencethathighlyqualifiedpeoplewiththemostexperiencedo
most of the stealing. Perhaps we should not allow highly qualified people to become too
comfortableandsecureintheirjobs.Perhapsweshouldhiresomesmartpeoplewhohavelittle
experience.
Wherefore my recommendation to Mayor Bower during the furor at the Tuesday Breakfast
meeting:InitiateamovementtoamendtheCharterinordertoprovideforastrongcitymayor,
who,inturn,willappointaprofessionalcitymanagerwiththeadviceandconsentofthecity
commission.Besurethatthemayormaybeimpeachedsothatthebuckstopswithher,witha
political solution, no matter how many people are arrested, or not. Provide that the city
manager and department heads serve on good behavior, and devise a method of review,
retentionorremoval.
As for Jorge Gonzalez, I have been on his case for quite awhile now, and once called for his
firing.ButnowIamnotsosure,nowthatheisanunderdoglikeme.Unlikeme,maybehecan
learnnewtricks.

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