Pompano Beach, FL, April 13, 2010 – The Pompano Beach Community Redevelopment Agency in Broward County, Florida stole prime property from private residents, businesses and churches in the city for private profit even though it didn’t have the power of eminent domain to take properties. A five year-old eminent domain taking case of Pompano Beach CRA v Gil Eriksen Properties LLC is coming to a head as complicity in all the attempts to bury and hide the fact that the takings were illegal are being exposed.
Has your property been taken? For more information on the Illegal Pompano Beach CRA visit http://www.wojspubs.com
POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY GOES UNCHECKED AS FLORIDA GOVERNMENT OVERSIGHT HIDES AND PROTECTS LAND GRAB RACKETEERING AND GOVERNMENT MALFEASANCE IN THE SUNSHINE STATE
SCANDAL SHEET
The Pompano Beach Commission was not authorized by Broward County to create a separate legal entity (the Community Redevelopment Agency) nor give it the power of eminent domain to take properties. This illegally created CRA without the power of eminent domain has taken private properties illegally for over a decade, and is still doing it.
In Pompano Beach CRA v. Derriek Phillips, et al.; Case No. 06-03741 (18),
& Pompano Beach CRA v. Phillips No. 4D07-2865 & 2866 the Pompano Beach CRA was found to have been created illegally and have no authority to eminent domain properties in the Circuit Court and District Court of Appeal.
The 2007 article “Redevelopment Agency Can’t Seize Business, Judge Rules” by Elgin Jones in the Broward Times begins the revealing of the illegality of the Pompano Beach Community Redevelopment Agency.
The current and 5 year long case of Pompano Beach Community Redevelopment Agency (CRA) v. Gil Eriksen Properties LLC; Case No. 06-004169 (21) & Gil Eriksen Properties LLC v. Pompano Beach Community Redevelopment Agency Case No. 4D08-247 involves prime private property taken in 2006 for private development by the CRA that did not have authority to take property.
The Pompano Beach Community Redevelopment Agency and the Pompano Beach Commission have always been made up of the exact same members. Since the members of both entities are the same, it is questioned why another agency was necessary, and contended that it was created to be used as a shill to abscond with property for private gain. The CRA members have a less than stellar reputation.
Current Pompano Beach Mayor, and longtime commissioner and CRA member, Lamar Fisher is the President and CEO of Fisher Auction Co. specializing in auctions of yes, real estate and “government surplus.” He has already been penalized for Florida ethics violations in 2007 by doing city business as Mayor with his own Fisher Auction Company. Now Lamar Fisher while at the same time Mayor, is currently auctioning foreclosures in Florida for the profit of his nationwide company and huge lenders. In January of this 2010, Lamar’s Auction Company profited from the ponzi scheme of Floridians as his company received 10% of proceeds from auctioning off former Fort Lauderdale attorney and $1.2 billion dollar Ponzi schemer, Scott Rothstein’s office effects.
E. Pat Larkins, the longtime Pompano Beach mayor, vice-mayor, commissioner and CRA member, now deceased, was President and Partner of Malar Construction Inc, as well as creator of the Broward County Minority Builders Coalition Inc (BCBC) and longtime advocator of property takings for building purposes. He told private citizens like Jimmy Star of The World of Jimmy Star Grand Castle Showrooms and Entertainment Complex in Pompano Beach, “I want your property and I’m going to get it.” His namesake community center currently sits on land taken by the illegal CRA during his membership.
Current Mayor Lamar Fisher, Vice-Mayor George Brummer, and past Commissioners Kay McGinn and Susan Foster were all found to have violated the Florida’s Government in the Sunshine Law (or Open Meetings Law) for meeting in private in 2005 with then Sheriff Ken Jenne (who would later be sentenced to a year in prison on federal corruption charges) before a vote to extend the city’s contract with Jenne’s office.
Commissioners Rex Hardin and Barry Dockswell have historically accepted campaign contributions from real estate interests to get their seats. In 2008 the Sun-Sentinel reported Rex Hardin said he didn’t see a conflict with accepting a contribution by someone whose project is being reviewed by the city.
Although demands from the Pompano Beach public starting in 2008 have been made for the Pompano Beach Commissioners to agree to an ethics code, no code has been passed, with E. Pat Larkins calling it “ridiculous nonsense” in the Pompano Pelican and George Brummer starting a counter amendment that any citizen who made a complaint that was found to be false must pay for the city’s expenses, which was passed.
Currently the Mayor and entire commission have unanimously voted for a resolution to oppose an amendment that will be on the November 2010 ballot that ensures that if a city wants to revise a land use plan, ordinary citizens will get to vote on the changes.
At the end of the 2009 fiscal year, financial statements show the Pompano Beach Community Redevelopment Agency has $41 million dollars, including $24 million in cash on hand.
The Pompano Beach Community Redevelopment Agency also hired and uses The Urban Group private property acquisition firm to stage illegal takings of private property for the CRA.
Headed up by President and Managing Director Howard W. Steinholz, The Urban Group representatives use a variety of tactics to confuse property owners, including but not limited to visiting private property unannounced, posing as government officials to enter private property, not identifying themselves, identifying the Urban Group as an independent non-biased consulting company and/or mediation firm, and posing as an advocate for and representative of property owners against the CRA.
The Urban Group representatives promise property owners they will receive payment of business damages, moving expenses, and to purchase a comparable property and relocate owners as standard procedure so the owners face no hardship.
The Urban Group makes pre-suit notifications and false offers to private property owners, saying they better sell their property or they will be sued under powers of eminent domain, then ignores responsive correspondence from property owners as eminent domain actions have already been filed.
Once the illegal eminent domain action is underway, the false offer stands on record and hurts property owners’ ability to obtain counsel to fight the illegal taking as attorneys fees are calculated on a contingency basis above the first offer.
Then in the eminent domain action, the CRA completely divorces from The Urban Group and any promises the Urban Group has made to property owners. Counsel for the Pompano Beach CRA, Mitchell J. Burnstein goes so far as to deny the existence of The Urban Group in court proceedings, saying he’s never heard of them.
The Urban Group is also used by many cities, including the City of Fort Lauderdale which is currently being sued by Legal Aid Service of Broward County for its own land grab abuses.
In 2009 the Pompano Beach Community Redevelopment Agency delegated its management to yet another legal entity as a buffer, the Redevelopment Management Associates LLP, a newly incorporated limited liability corporation headed by Kim Jackson-Briesemeister, a reported lobbyist for developers, along with Chris Brown.
Kim Jackson-Briesemeister is the former director of the Fort Lauderdale Community Redevelopment Agency which is now being sued for its redevelopment practices under her tenure
Jackson-Briesemeister simply relocated from Fort Lauderdale to West Palm Beach to be its CRA director. She is currently receiving a full salary from the West Palm Beach CRA while at the same time she is managing the Pompano Beach CRA.
Jackson-Briesmeister also currently moonlights to lobby for developers in Fort Lauderdale still, making a tri-county monopoly for developers that she lobbies for, at the expense of citizens and real redevelopment efforts.
The Pompano Beach CRA uses yet more entities, the Advisory Boards to the CRA (one for the East area and one for the West area) under the auspices of community involvement and advisement, to make deals with developers and lenders. The Advisory Board members are hand-picked by the Commissioners, and are not concerned citizens, however, but most often known lobbyists for developers and businesses.
Just recently on April 12, 2010, one such long-standing West Community Redevelopment Advisory Board member, Vincente Thrower, who was appointed by Pompano Beach Commissioner Woodrow Poitier, was arrested on 3 counts of unlawful compensation for making deals for developers, and 1 count of bribery for making a deal for a lender for the community micro-loan program. Thrower was appointed to the board as a known lobbyist for developers like La Cité Development LLC and was the president and CEO of Global Solutions & Government Consultants, Inc. a company that lobbies for developers and businesses.
Assistant City Attorney Mark E. Berman wrote an opinion in 2006 that he thought it was not a conflict of interest for West CRA Advisor Board member Vincente Thrower to be a “compensated consultant” for developers, as long as it “does not provide a benefit.”
The Pompano Beach City Attorney Gordon Linn and the attorney representing the Pompano Beach Community Redevelopment Agency, Mitchell J. Burnstein of Weiss Serota Helfman Pastoriza Cole & Boniske are aware of the CRA’s illegalities and protect and perpetuate them with a host of brazen, illegal, and unethical tactics against the public.
City Attorney Gordon Linn and CRA Attorney Mitchell Burnstein were the plaintiff attorneys in the CRA v Derriek Phillips case whereby the CRA was found to have been created illegally and have first hand knowledge of the ruling, yet this information did not give them any pause in continuing to sue private citizens and businesses for their property on behalf of the CRA.
The main stance of the City Attorney Gordon Linn and CRA Attorney Mitch Burnstein in the illegal eminent domain actions is to destroy the public through a series of bait and switch schemes, falsifying and destroying records, lying to the public and lying to the Court, using diversions, delays and denial tactics, nepotism (Burnstein’s mother is Judge Miette K. Burnstein), cronyism and collusion with respondent attorneys and the judicial system, physical threats and threats of financial ruin against respondents, blockades of evidence and facts, and blockades against respondents’ obtaining counsel, all ultimately to block the public from ever defending against the CRA and obtaining its Constitutional right of a fair trial before a jury, so that the CRA can steal private property for pennies on the dollar, if that.
Suzanne M. Driscoll of Shutts and Bowen LLP law firm has said repeatedly that Mitchell Burnstein has “the judges in his back pocket”, and that one “cannot get a fair trial in the Broward County Courthouse” with Burnstein as opposing counsel. She and Allan M. Rubin of Shutts and Bowen LLP also said that Burnstein has lied to the Court on record in numerous cases, is known in the legal community for his blatantly deceitful tactics, but is never punished for it.
Multiple large law firms decline to go up against Mitch Burnstein and the Weiss, Serota Helfman Pastoriza Cole & Boniske firm, saying Mitch Burnstein has a common tactic in his eminent domain cases whereby he will facilitate false and fraudulent offers to respondents in bad faith, that he will not let a respondent accept, only to have the offers on record so the respondents’ attorneys can not make any fees on contingency.
Mitch Burnstein also uses real estate appraisal “mistakes” and a lack of real estate appraisals when appraisals are legally required to ultimately set up the position that the respondent owes the Community Redevelopment Agency money even though the CRA has taken the respondent’s property! He goes back on his “good faith” deposit, saying he overpaid so that the respondent will face the possibility of a judgment against them at trial.
Mitch Burnstein and City Attorney Gordon Linn will not entertain offers of resolution, even when the offer is the CRA’s own offer to respondents, showing that the CRA’s offer was made in bad faith as a fraud.
The Broward County Circuit Courts allow eminent domain actions by the Pompano Beach CRA to be filed and pursued to this day, even though the CRA is found to have been created illegally and not have the authority of eminent domain to seize property, further perpetuating the fraud on the public.
Circuit Judge Miette K. Burnstein approves and presides on the eminent domain action filed for the CRA by her son, attorney Mitchell J. Burnstein. Only after the case is underway does Miette K. Burnstein later recuse herself.
The now deceased Judge Robert Lance Andrews refuses to hear evidence of the CRAs illegality and lack of authority, ignoring the precedent and case law entirely. He, too, agrees with CRA attorney Mitch Burnstein in court proceedings that he has never heard of the CRA’s land acquisition firm, The Urban Group.
Judge David Krathen, admitting on the bench that he has no knowledge of eminent domain law, does not allow a respondents attorney to speak and takes explicit ruling advice on multiple occasions from Mitchell J. Burnstein, attorney for the CRA. When a motion is entered for Judge Krathen to recuse himself on grounds of prejudgment and partiality, he dismisses the motion.
Judge David Krathen has a reputation as a judge who “serves his cronies well,” according to Robe Probe, “the world’s most trusted judge rating site” that rates Krathen in 46 areas as “Very Bad” in 20 areas, “Bad” in 8 areas, “Adequate” in 27, “Good” in 1 (his reputation as a trial lawyer previously), and “Excellent” in no areas.
Judge Krathen and Mitch Burnstein cajole during Court proceedings as longtime pals. Judge Krathen knows Mitch Burnstein’s mother, now retired judge Miette K. Burnstein. Even as early as 1998 David Krathen contributed to Mitchell J. Burnstein’s unsuccessful campaign to be a judge.
Judge Robert Carney was strangely called out of retirement to preside on the current CRA v Gil Eriksen Properties case whereby he allowed respondent’s counsel to withdraw suddenly from the case on the morning of trial, against the respondent’s express wish, even though the respondent had never been served a motion to withdraw.
The Broward County Circuit Court with multiple judges, rules exclusively in favor of the CRA in CRA v Eriksen in 5 years of proceedings to the point that the respondent cannot enter any evidence, cannot obtain a hearing on any point, cannot obtain counsel, and cannot defend itself against the illegal theft of its property.
The Florida 4th District Court of Appeal, the same court that upheld the ruling that the CRA was created illegally and has no power of eminent domain, also continues to allow eminent domain actions by the CRA to this day.
The 4th District Court of Appeals will not allow an evidentiary hearing regarding the CRAs illegality, lack of jurisdiction, and fraud upon the court in a Circuit Court case, even though the CRA had already been ruled to be illegal in both the Circuit and Appeals Courts.
During proceedings, Appeals Court Judge Larry A. Klein asks incredulously if he is supposed to allow the overturning all the existing Pompano Beach CRA eminent domain cases just to have justice for a single respondent before him. When counsel for the respondent says he expects the judge to follow the law, Judge Klein scoffs.
Judge Matthew Stevenson questions CRA counsel Mitchell Burnstein as to whether respondents attended the Order of Taking hearing and is shocked to find Mitch Burnstein stammering, delaying and drinking water to avoid the question. Mitchell Burnstein flat out lies to the Court saying the respondent was present, when the respondent were not present at the hearing, nor was respondent’s counsel, and an “agreement” was forged without the respondent’s knowledge or presence.
Judge Larry Klein, Judge Matthew Stevenson and Associate Judge Glenn D. Kelley take a mysteriously protracted time to make their ruling, which allows the eminent domain case to continue. Judge Klein who lead the opinion, retires immediately after.
Eminent Domain actions are seen as a feeding frenzy for attorneys and experts on all sides of eminent domain actions, even attorneys for the respondents, and all parties profit from land grabs, including illegal land grabs at the expense of private citizens. Plaintiff and respondent attorneys have more in common than not, and have a negative financial incentive to expose illegalities of the system and stop illegal eminent domain.
Eminent Domain actions in Broward County are rarely allowed to go to trial, a well kept secret from victims, even when victims have a Constitutional right to due process and a 12 person jury of their peers in Florida.
“Tell it to the jury” is a sentiment promoted by eminent domain attorneys to respondents, to give the impression that a respondent will have the chance to have their side of the case be heard, although that day will most likely never come. In the meantime, proceedings are drawn out and fees are accumulated.
Eminent domain is constantly attempted to be reduced to a consensual real-estate transaction, rather than a taking of private property by the government in which the respondent has a Constitutional right to be fairly compensated. This altering of the nature of the proceedings is to trick respondents into giving away their properties for a pittance.
Although respondents’ attorneys fees are supposed to be paid by the government, with the legislative intent behind that being the idea that otherwise a common citizen or business would not be able to fairly and properly defend itself against a government, attorneys often coerce or threaten eminent domain respondents to sign contracts otherwise.
Eminent domain attorneys and experts make up a small specialized club, that often switch sides in actions. Not being excluded from the club is often more of a consideration than protecting an eminent domain victim’s rights.
Eminent Domain Attorney Paul Golis, a member of the ethics committee, was acting as a respondent’s attorney in 2006 when he was disbarred for stealing money from his clients.
In the current case of Pompano Beach CRA v Gil Eriksen Properties, leading Eminent Domain Attorneys Allan M. Rubin and Suzanne M. Driscoll of the Shutts and Bowen LLP law firm represented respondent Gil Eriksen Properties for three years and then suddenly and mysteriously withdrew as counsel on the morning of trial, serving no notice to their client, telling the judge if he didn’t grant their motion to withdraw, they would withdraw anyway in contempt of court.
Allan M. Rubin and Suzanne M. Driscoll of Shutts and Bowen law firm as attorneys for the respondent Gil Eriksen Properties also worked with opposing counsel Mitchell J. Burnstein, unbeknownst to the respondent to concoct an arrangement whereby all parties would receive payment, except the victim of the illegal land grab.
The Broward County Commission, whose role is to oversee Broward County and all the local governments over which it presides, and grant or not grant powers of eminent domain to local municipalities including Pompano Beach, ignores the finding of the CRA’s illegality and the pleadings of victims of the illegal land grabs by the Pompano Beach CRA, allowing the abuse to continue to this day.
Broward County is a home rule charter county, and this means that any power not expressly designated to a City or Municipality is strictly reserved to the County. Broward County did not give the City of Pompano Beach the power to create a Community Redevelopment Agency, nor did it give the City of Pompano Beach the right to confer upon any agency its powers of eminent domain.
In response to a recent email from Pompano Beach citizen and eminent domain victim Jimmy Star, Broward County Commissioner Ilene Lieberman stated “The County has no authority over the [Pompano Beach] City’s CRA’s use of eminent domain,” demonstrating gross ignorance of the tiered structure, roles, and powers of government, of which she is an elected official.
Ilene Lieberman has also had a history of lobbying for developers while being a Commissioner, like Pinnacle Housing Group, for whom she got projects approved by local governments. It seems there the County had authority.
Broward County Commissioner Kristin Jacobs, whose district includes Pompano Beach, inquired as to the legality and propriety of the taking of property by the Community Redevelopment Agency in letters three years ago to the Mayor of Pompano Beach, but even upon being notified of the CRA’s illegality and lack of eminent domain power, has failed to stop the eminent domain abuse that continues to this day.
Broward County is also profiting from the illegal land grabs by the Pompano Beach CRA as plans are to put Broward County School Board Offices on land in Pompano that was obtained illegally from private citizens, businesses, and churches.
The Broward County School Board’s land grab abuse is recently being exposed as well. For taking money from undercover FBI agents posing as developers trying to break into the school district’s construction business, currently Broward School Board Member Beverly Gallagher is charged with bribery, extortion, and five counts of fraud. She is reported to be pleading guilty to bribery and will likely spend 3-4 years in jail.
Along similar lines, Broward County Commissioner Diana Wasserman-Rubin is not going to seek reelection as she is currently being investigated for taking big money contributions from developers, lobbyists and special interests.
Broward County Commissioner Lois Wexler was also investigated by the FBI as a past Broward County School Board Member working on Diane Wasserman-Rubin’s lobbying of the school board to buy a piece of wetland for $4.3 million dollars for construction from a town who used Wasserman-Rubins’ husband as a consultant on the deal.
Broward County Commissioner Josephus Eggellation has a long history of lobbying for developers, and was just sentenced to 2 1/2 years in prison for federal money laundering whereby he was found to be setting up money laundering for $900,000 in the Bahamas and accepting $23,000 in bribes.
Broward County Mayor Ken Keechl is a named partner of the law firm Kopelowitz Ostrow Ferguson Weiselberg Keechl whose clients include the huge developer, Stiles Construction, as well as Northern Trust Bank. Ken Keechl’s partner, Ted Adcock is a board member of H.O.M.E.S (Housing Opportunities, Mortgage Assistance & Effective Neighborhood Solutions) focused on partnering with private companies for redevelopment projects.
Broward Commissioner Stacy Ritter has a past of voting as a Florida State Legislator on regulations of life insurance investments, to benefit her husband as he lobbied for Mutual Benefits Corp, an industry giant.
As a bond dealer, Commissioner John Rodstrom has handled bond deals for local governments while on the Commission.
Ken Keechl, Kristin Jacobs and Sue Gunzburger all have ties to lawyer & developer lobbyist Bernie Friedman who holds fundraising events for commissioners.
John Rodstrom golfs with land use lawyer & land use lobbyist George Platt, Managing Partner of Shutts & Bowen’s Fort Lauderdale office, and Kristin Jacobs stays at Platt’s North Carolina vacation home.
Lois Wexler is tied to campaign manager and notorious lobbyist Judy Stern, going on a 18 day cruise with her last summer, as are John Rodstrom, and Josephus Eggellation.
Sue Gunzberger and Ilene Lieberman also go back with CRA Attorney Mitchell J. Burnstein, as in 1998 they donated to his failed judge race campaign.
Illegal land grabs are still going on with no intervention from Florida Governor Charlie Crist, the State Attorney’s office or other watchdog, professional or ethics organizations, and none of the parties involved in the land grab heists will comment at all.
Although having received numerous complaints about the illegal land grabs for years and years, Charlie Crist’s office is so quiet you can hear the sound of crickets.
Charlie Crist gave Pompano Beach Mayor Lamar Fisher and Pompano Beach Commissioners only tiny fines and slaps on the wrists for ethics violations and Sunshine Law violations, the likes of which should garner removal from office and criminal charges, as is currently happing in the Coral Springs Commission for very similar violations.
Although recently prosecuting many corrupt Broward County Commissioners, State Attorney Michael Satz has been criticized as being soft on public corruption. A Sun Sentinel analysis of public records shows that over the past 10 years his office's anti-corruption unit has filed official misconduct charges against 218 individuals, only 13 of whom were sitting politicians.
The Florida Bar ignores the Pompano Beach CRA illegal land grab, and all the attorney schemes involved.
Rick Ellsley, President Elect of the Broward County Justice Association and member of the American Board of Trial Advocates, whose mission is to preserve the Constitutional right to jury trial, actively ignores the illegal land grabs asking to not be contacted about it.
Carol Westmoreland, Executive Director of the Florida Redevelopment Association and the Florida League of Cities, says not to contact her either.
Stephanie Ortballs-Tibbs of the American Bar Association is another who does not want to know any more or comment on citizens being raped by the government.
The Law firm of Shutts & Bowen LLP will not respond to media inquiries of why it suddenly reversed its position after three years of working to end the CRA illegality.
The Pompano Beach Mayor, The Pompano Beach Commision, and the CRA all decline to comment about the illegal takings.
A lone Broward County Commissioner Sue Gunzberger says she will forward a complaint to the legal department for a response.
Based on this scandal sheet it is clear that corruption runs deep in Broward County and Florida, specifically with regards to profiting off of the theft of citizens’ property, hard work, and lifelong investments, and particularly in real estate property, which is scarce. This racketeering culture has been long in the making and has earned Florida a reputation for ponzi schemes, the hijacking of national elections, Medicare fraud, drug and weapons trafficking, the proliferation of “pain” centers, and the ghettoization of immigrants. It does not seem to matter the times or the election cycles, as the rotation of criminals holding office is never-ending, the special interests’ ticker tapes keep running, and the media proper is no longer a free press with the resources to expose the scandals.
The U.S. Constitution states specifically “nor shall private property be taken for public use, without just compensation” and in these Florida illegal land grabs, private property is being taken, for private and often unknown uses and hidden profit, without due process, and without proper authority to benefit the unseen few at the expense of the many.
This is how it is that is now more than ever it is important for citizens to be aware, be educated, and be assertive in upholding our Declaration of Independence and U.S. Constitutional rights to “life, liberty, and the pursuit of happiness,” the freedom of speech and religion, the freedom from unreasonable search and seizure, the freedom from cruel and unusual punishments, and the right to not “be deprived of life, liberty or property without due process of law.” As citizens, we also need to know it is our right to assemble peacefully and petition the government for a redress of grievances and also to finally alter or abolish a government that becomes destructive to these ends.
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