Relentless Legal Weasel Strikes Miami Beach

8/20/2019 Relentless Legal Weasel Strikes Miami Beach

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MIAMI MIRROR - TRUE REFLECTIONS

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THE RELENTLESS LEGAL WEASEL STRIKES AGAIN

Looking for Quid Pro Quos in Miami Beach

July 15, 2015

By David Arthur Walters

Miami Beach—This Tuesday Breakfast Club meeting promised to be entertaining. Afistfight had nearly broken out at the last commission meeting, I was told, and hostilitieswould 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 MayorPhilip “King” Levine, a wealthy propagandist and developer, was coming to an end, orso it was said, on differences of opinion over what constitutes proper politicalfundraising.

Opposition Commissioner Deede Weithorn had picked a fight with Commissioner Jonah“Legal Weasel” Wolfson, a Levinite, over his new political action committee, Relentlessfor 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, aPAC funded with unlimited contributions could even provide an opportunity for somepoor fool to win office. His PAC, he said, would support statewide causes. The onlycause supported thus far is Mayor Levine, a wealthy propagandist, developer, and dearfriend to the Clintons, who is setting up the city as the answer to global warming, i.e. asparkling jewel for Hilary Clinton’s run for the Presidency.

It is rumored that Mr. Levine will be rewarded with an ambassadorship when Hilarytakes the White House, a position that he is eminent qualified for as a propagandist whobelieves that there is nothing wrong with whatever he represents because it is simplygreat.

Mr. Levine’s 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 contributorsinto Mr. Wolfson’s PAC, and she thought it smelled really bad. Mr. Wolfson wasincensed 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 tobelieve anything unethical was going on, voted against having the county ethicscommission investigate themselves.

City Manager Jimmy “Nice Guy” Morales, the mayor’s distinguished henchman, wasapparently disturbed by some of the apparent conflicts of interest after Ms. Weithornhad 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 hisadministration, my applause meter registered only 33% against his regime including myown claps.

A couple of people from the city manager’s office were discretely seated within theaudience. Former activist Frank Del Vecchio, one of Mr. Levine’s most devotedadvisors, was present, frowning all the while, scribbling notes furiously as his lovely wifebeamed.


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The mayor’s “obscene” propaganda and suppression of dissent was most vehementlyobjected to by several attendees, one them fervently calling for an election of honestcommissioners 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 mayor’s propaganda machine, including aslick commercial paid for by the PAC.

Former Mayor Matti Bower was present. She was urged to speak her mind. Sheprotested vehemently against the death of freedom of speech under the new mayor’sstifling regime. “There is no longer any right to free speech,” she said.

Ms. Weithorn spoke at length about the contributions to Mr. Wolfson’s PAC. The largestitem on her shit list was an $118,000 contribution from South Beach Tristar Capital, thedeveloper converting the famous Art Center on Lincoln road to commercial use, anderecting a retail building on the historic community church garden.

A special master ruled that the church deal would have to be reheard by the historicpreservation board, which seems at times to be almost packed with shills for bigdevelopers—Jo Manning, a member of the board for many years, has insisted that shehas never been a shill. The city and Tristar appealed, however, and a circuit court judgeruled that a deal made with the city trumps the special master, who is not really a judgebut is rather an administrative arm of the city administration.

Ms. Weithorn mentioned Mayor Levine’s political consultant, David Custin, and his rolein PACS, He was in the audience, she said, and he is certainly knowledgeable aboutlaw.

Mr. Custin may be familiar with election laws, yet, if the journalist he threatened hasquoted him correctly, he is a moron when it comes to defamation law, for it appears thathe does not know the difference between slander and libel, and thinks a journalist maybe sued, not for what she says, but what she might say.

I spoke briefly with Ms. Weithorn’s husband, Mark Weithorn, who is running for her seaton 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 city’s worsening traffic conditions.That does not include a moratorium on development, a move that would not only curbcongestion but contributions from developers.

I told Mr. Weithorn that The Legal Weasel had probably done nothing illegal. My ownopinion 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 tothat I responded that an attorney and accountant who used to review my work, and whowas 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 andlaw. Suffice it to say legal sanctions may divest politicians of office, whereas moralsanctions 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 meguffawed when she referred to the county ethics commission, and whispered that itsdirector, 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. Anothersaid that would not matter because contributions are legal unless tied to officialdecisions.

Man is inherently corrupt. The “sin” originates in an individuality that may naturally becontrary to the public good. Legislated rules of law and ethics are intended to curbcorruption 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 vacillatedon 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 asevidence 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 probablecause will be found that Mr. Wolfson and his colleagues have been corrupted in anyformal 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 alwaysand in some respects different from, and even opposite to that of the public…. Theproposal of any new law or regulation of commerce which comes from this order oughtalways to be listened to with great precaution, and ought never to be adopted till afterhave been long and carefully examined, not only with the most scrupulous, but with themost suspicious attention. It comes from an order of men whose interest is never thesame with that of the public, who have generally an interest to deceive and evenoppress the public, and who accordingly have, upon many occasions, both deceivedand 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 BEACH—Commissioner Jonah Wolfson of the City of Miami Beach in hiscapacity as campaign manager for his wife Andrea’s judicial campaign reportedlyaccepted $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 hechampioned. That was perceived by a reporter as a something-for-something or quidpro quo, a deviation from the public interest, something done for personal gain in hispublic capacity.

Commissioner Wolfson, a member of The Florida Bar, and a quite clever one at that, didnot see it that way. His ridiculous response to the reporter’s question was, “Go f***yourself!” Of course that is anatomically impossible.

Joe Centorino, Director of the Miami-Dade Commission on Ethics and Public Trust, didnot 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 toinformation received from independent journalists, i.e. opposition journalists, who havequestioned his integrity or the exercise of his prosecutorial discretion. Regardless, he isa wise guy, and I treasure some of his thoughts on ethics.

Perhaps he found the howls from the Miami New Times rag personally insulting. Afterall, 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 secretedsomewhere, like a handwritten contract stating, “Whereas the tow companies want arate increase in the City of Miami Beach; Whereas Andrea Wolfson, the wife of JonahWolfson, a commissioner for the City of Miami Beach, desires bundled contributions forher 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 hissupport of the rate increase.”

Fat chance of finding that! It is not easy to catch someone holding the bag so it can beproduced in court as evidence. Sometimes a Cadillac is found in the driveway and coldcash 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 stillrefers to on rare occasions, such as when a lawyer is photographed fornicating on thebeach. Everybody knows that politicians even if lawyers must either be enormouslywealthy or sleazy to win elections where big money pouring into speciousadvertisements 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 certaincauses? Too bad that most politicians are hypocrites, as several studies looking foroverall 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, underthe pretext that his administration was corrupt. Gonzalez asserted that certaincommissioners were actually at the root of the corruption.

Now Andrea Wolfson’s campaign also received contributions bundled by BoucherBrothers, the company holding the city’s beach concession contract. Thanks to Wolfsonand his colleagues, Boucher gratefully received a new contract on which they did nothave 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 notshow up. Public notice is given but no agenda is published. Commissioner Wolfsonattended the retreat briefly in order to sponsor special legislation, the awarding of a no-bid contract to Boucher Brothers. No other legislation was considered. Wolfson did notdisclose the contributions his wife received from Boucher Brothers. The details of thecontract were referred to staff. The no-bid contract was slam-dunked at the next regularcommission 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 upor down at the first reading, but ordinarily a proposition if deemed acceptable forconsideration is scheduled for the second reading, perhaps referred to staff to work outdetails in the interim. Here the so-called retreat, a rather casual affair, served as the firstreading.

If this case looks fishy, if it looks like the city commission, at Wolfson’s behest, madesure the issue was not fully aired so that it could slip a no-bid contract over the publicafter the wool was pulled over its eyes, it is fishy indeed, so fishy that it stinks all theway to Denmark.

Someone, perhaps City Manager Gonzalez, tipped off the Ethics Commission on theobvious intention to skirt the Sunshine Act. The ethics investigator, under advice ofethics lawyers, probably including Director Centorino, found no violation in a flagrantlyerroneous investigative report, which I have discussed at length elsewhere.

I suspect that Gonzalez was the complainant because he never signed the mandatoryrecommendation required for the commission to waive bidding before awarding a no-bidcontract. 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 therecommendation if he had not felt that the award had been rigged by CommissionerWolfson in return for campaign contributions made to Judge Wolfson.

Goodbye Gonzalez, hello new regime. People may believe that Wolfson recruited travelmedia magnate and real estate developer Philip Levine, whose wealth is probablyexaggerated at a billion dollars, to take over a million bucks out of his pocket to buy acommission 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 supportformer Commission Michael Gongora’s campaign for the mayor’s set.

Not surprisingly, Ethics Commission Director Centorino has not responded toinformation produced about Boucher Brothers contributions to Judge Wolfson’scampaign. There is nothing unethical in contributing to a judge’s campaign no matterwhere 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 inMiami Beach, his sponsorship of the no-bid contract for the donor would look fishy, butthe lawyers at the Ethics Commission would see nothing unethical per se. It is justanother case of American Sleaze. If anyone disagrees, I have more than two or threewords for them: I have these 1,250 words.

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MIAMI MIRROR – TRUE REFLECTIONS

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August 15, 2013

Joe Centorino, Director

MIAMI DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST

Re: Commissioner Jonah Wolfson said “Go f*** yourself.”

Dear Sir:

I understand that the Florida Bar has someone who goes through legitimate newspapers for

stories indicating that one of its members is violating its rules, and, when there is reasonable

suspicion of misconduct based on the account, initiates an inquiry. The public is also relied on

to bring

news

accounts

of

possible

misconduct

to

the

Bar’s

attention.

Perhaps the COE has someone examining bona fide press accounts for indications that a public

official might be exploiting his office for his personal gain or the gain of someone else. If not,

maybe a member of the public has already directed your attention to the August 6‐14, 2013,

Miami New Times article by Francisco Alvarado entitled ‘Hustle & Tow.’

The report has Commission Jonah Wolfson, Florida Bar member 498130, championing a rate

increase for towing companies, and asserts that Beach Towing contributed $2,500 to his wife’s

successful bid for “county circuit judge,” while Tremont Towing and 35 companies, having the

same address

as

Russell

Galbut’s

company,

Crescent

Heights,

contributed

$17,500

to

that

campaign.

Wolfson, when asked for his explanation for the sake of journalistic balance, allegedly

responded “Go f*** yourself.”

I do not know if our local Village Voice publication is considered to be a legitimate paper. I

suppose the Miami New Times checked the facts behind the story prior to publishing it. And I

am unclear as to what the exploitation of public office for personal gain means after reading

several Ethics Commission decisions, especially when the persons investigated happen to be

lawyers. However, this news account might be something for your commission to inquire into if

your investigators are not already on it.

I can say that “Go f*** yourself” rang a bell when I read it, as that has been pretty much the

attitude of many members of the City of Miami Beach regime when inquiries into their conduct

are made by members of the public and its bona fide press.


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Furthermore, the New Times allegation that the city commission got rid of former City Manager

Jorge Gonzalez because he opposed the rate hikes makes sense now. I recall, when I attended a

meeting where the so‐called opposition led by Wolfson and retired lawyer Frank Del Vecchio,

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, he has not responded to a single one of my concerns over the last few years, so I do

not know how popular he really is.

I was no friend of Jorge Gonzalez. I objected to what I perceived as his arrogance and lack of

oversight of department heads. However, when he responded to the public clamor and

proceeded to conduct investigations and make recommendations, I felt he should be kept on

board for at least a year given his knowledge of the city. Still, the call for immediate crucifixion

resulted in his immediate forced resignation, with a handsome payoff to go quietly into the

unemployment line. Perhaps he will not be so quiet, and tell all in a book that may outsell J.P.

Morgan’s Sins

of

South

Beach.

It occurred to me that Jorge Gonzalez was not the all‐powerful City Boss I thought he was.

There was obviously a Ring behind the throne pulling his strings. When I observed that the so‐

called Opposition was not really an Opposition, and recalled how the Opposition had at least

tolerated Gonzalez for over a decade, and suggested to the Opposition that he be kept on for a

year, a commissioner expressed mock astonishment, asking me where he could get some good

pot to smoke.

That is why I became an advocate for a strong mayor system, with a mayor who can veto the

commission, and who can be recalled or voted out if he does not perform, instead of the city

manager system, which is supposed to be a business‐like system but is just a political charade

with a puppet who must go along with the Ring, which is dominated by lawyers.

Good Grief, is it true that certain city commissioners are morally corrupt, that they may have

sold out the public, and scapegoated their city manager, for the towing companies?

I suppose the answer to that will be “Go f*** yourself,” as usual, but I just had to ask the

question.

Sincerely,

David Arthur Walters

ATTACHED:


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News: Miami Beach Had Jorge for Breakfast

May 10, 2012 | SunPost

By

David

Arthur

Walters

Miami Beach City Manager Jorge Gonzalez was barely honored at this morning’s Tuesday

Breakfast Club meeting at David’s Café. In fact, disgruntled residents, hungry for reform, had

the handsome city manager for breakfast. Many people have been afraid to speak out for fear

of retaliation from city officials, but the climate of fear has been dissipated by an ongoing

investigation into corruption by the FBI that has already netted seven arrests. The only honor

he received was a thank you for the good things he has accomplished, with a recommendation

that he resign before the city commission considers letting him go tomorrow.

Mr.

Gonzalez

pointed

out

that

a

recent

poll

of

3,500

residents

chosen

at

random

implies

that

80% of Miami Beach residents believe the quality of life is so high that they would recommend

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

small cities in the country, while it fell statewide.

He recited several steps he wants to take to address the issues raised by outraged residents

who believe his 12‐year administration has resulted in the shaming of the City of Miami Beach.

Not that anyone believes he is a criminal. Indeed, he has appointed himself “partner” with the

FBI. Some people now refer to him as “G‐Man Gonzalez.”

I was

tempted

to

help

throw

him

to

the

wolves

by

reciting

some

very

embarrassing

facts,

but

I

managed to hold my tongue with one exception, which I will not relate here because I promised

Mayor Matti Herrera Bower that I would not batter her with a 10,000 word missive.

Although the manager can be faulted for the bad system, he is the victim of a system that was

supposed to effect reform. The strong city manager reform was supposed to take politics out of


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management and turn it over to scientific administrators. Corrupt political bosses loved the

reform because it made their job easier.

A smaller, lowly paid city legislature, serving part‐time with a part‐time mayor, who has no

more power than a commissioner other than chairing the commission and being a focus of

public attention,

can

bicker

among

themselves

in

public

while

divvying

up

political

spoils

in

the

shadows notwithstanding the Sunshine Act. Of course there is always the chance that one or

two commissioners will get out of line for one reason or another, but they can be kept in check.

Now a strong city manager reform charter provides for a strong city manager to head the city,

and his tenure may be indefinite. If tenure is not unlimited, his contract may be renewed time

and time again. He will form a tight ring with his department heads. A successful ring or

machine is never entirely corrupt because it must satisfy some of the interests that allow it to

be maintained. As with any body corporate, a small number of votes control its directorate until

the grievances of a usually “apathetic” electorate mount and bring a community to the tipping

point.

A

position

then

must

be

taken

by

the

leadership

on

“corruption,”

and

of

course

the

leaders must be against it or else. Political fortunes have been made fighting corruption—that

fight almost won Samuel Tilden the White House.

That is not to say that the Boss Gonzalez Ring is just like the Tweed Ring or the Pendergast

Machine. Maybe our city manager has some secret accounts off shore, or some real estate here

and there held by limited liability companies and corporations, but I doubt it. I believe he is in

part the victim of the system he inherited. Some members of “his” ring or machine, namely the

Old Cronies, were around before he arrived a dozen years ago.

Incidentally, the current talk about hiring qualified people with lots of experience to reform the

city overlooks

the

statistical

evidence

that

highly

qualified

people

with

the

most

experience

do

most of the stealing. Perhaps we should not allow highly qualified people to become too

comfortable and secure in their jobs. Perhaps we should hire some smart people who have little

experience.

Wherefore my recommendation to Mayor Bower during the furor at the Tuesday Breakfast

meeting: Initiate a movement to amend the Charter in order to provide for a strong city mayor,

who, in turn, will appoint a professional city manager with the advice and consent of the city

commission. Be sure that the mayor may be impeached so that the buck stops with her, with a

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,

retention or removal.

As for Jorge Gonzalez, I have been on his case for quite awhile now, and once called for his

firing. But now I am not so sure, now that he is an underdog like me. Unlike me, maybe he can

learn new tricks.


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Relentless Legal Weasel Strikes Miami Beach