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River A Judgment
River A Judgment
DAVID RIVERA,
Respondent.
_______________________________/
AMENDED AS TO PENALTY
RECOMMENDATION ONLY
For Respondent:
As
Specifically, it
are the seven stipulated by the parties in their Joint Prehearing Statement.
The final hearing was conducted in two parts.
On
The
second and final day of hearing was held on February 20, 2014,
in Tallahassee.
At the final hearing, the Advocate presented the testimony
of the following witnesses:
Kimsey and Keith Powell.
a public officer.
2.
Respondent
Such expenses
In
Rather, Respondent
Respondent's travel
The Chase
The
Respondent's travel
The
Respondent testified
that he had loaned his campaigns personal funds, and that the
payments made from his campaign accounts directly to his credit
card accounts should be considered repayments of his loans to
his campaign accounts.
Pursuant to that
10
11
In
12
sequence for the date, and was not deposited until March 11,
2009, more than a year after it is dated.
While it is possible
that this check was intentionally pulled from the back of the
checkbook and drafted, such seems extremely unlikely given that
the rest of the check numbers are in numerical order for the
dates of issuance.
This
13
Given this
In support of
As noted, the
loans in November 2010 with two checks from his personal account
in the amounts of $29,760.27 and $11,845.21, and the conveyance
of ownership of the condominium unit identified as collateral in
the promissory notes.
30.
That
into his personal bank account from his Charles Schwab account.
These two deposits allowed Respondent to repay nearly $30,000
towards Ms. Medina's HELOC on December 28, 2010.
32.
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balance of $96,645.19.
In
the
Moreover, Respondents
45.
during 2007, 2008, and 2009 was a loan, not income, Respondents
other income still exceeded by tens of thousands of dollars the
amounts that he reported on his CE Form 6s for the years at
issue.
47.
conceded that he did not list certain assets with the level of
detail required by the Commission for the years 2006-2009.
49.
According to Respondent,
2007, 2008, and 2009 also list contingent loans from Ileana
Medina and/or Millennium for those years.
54.
The CE
Attached is a United
58.
He stated that
22
112.324(8)(e),
63.
Latham v. Fla.
23
Id.
66.
as follows:
Corruptly means done with a wrongful
intent and for the purpose of obtaining, or
compensating or receiving compensation for,
any benefit resulting from some act or
omission of a public servant which is
inconsistent with the proper performance of
his or her public duties.
67.
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69.
costs of his travel twice - once, from the State of Florida and
a second time through one of his campaign accounts.
By doing
He further
party campaigns.
70.
25
Accordingly, Respondents
He presented
Blackburn v.
State, Comm'n on Ethics, 589 So. 2d 431, 434 (Fla. 1st DCA
1991).
74.
unavailable.
(l1th Cir. 1996); see also State v. West, 262 So. 2d 457, 458
(Fla. 4th DCA 1972) ([I]ntent is not usually the subject of
direct proof.).
75.
See Swanson v.
State, 713 So. 2d 1097, 1101 (Fla. 4th DCA 1998) (Appellant's
actions are sufficient to show intent to participate.); State
v. Breland, 421 So. 2d 761, 766 (Fla. 4th DCA 1982) (Actions
manifest intent.); and G.K.D. v. State, 391 So. 2d 327, 328-29
27
(Fla. 1st DCA 1980) (Appellant testified that he did not intend
to break the window, but the record indicates that he did
willfully kick the window, and he may be presumed to have
intended the probable consequences of his actions.).
76.
He also personally
the campaign account checks used to pay off his credit card
balances.
Financial Disclosure
78.
A.
Respondent for the years 2007-2010 were income and should have
been disclosed by the Respondent on his CE Form 6s for the
applicable years.
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instructions as:
[O]ne that will become an actual liability
only when one or more future events occur or
fail to occur, such as where there is
pending or threatened litigation, where you
are liable only as a partner (without
personal liability) for partnership debts,
or where you are liable only as a guarantor
surety or endorser on a promissory note.
83.
Respondents
Since Respondent
did not personally pay for the travel expenses he was reimbursed
31
Description of Assets
87.
(Fla. 1976).
89.
32
CEO
90.
Consequently, he should
Attached to that
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35
S
W. DAVID WATKINS
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 5th day of March, 2015.
ENDNOTES
1/
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2/
The exception is the February 12, 2010, check, which was not
deposited until March 16, 2010.
4/
COPIES FURNISHED:
Lisa Marie Raleigh, Esquire
Diane L. Guillemette, Esquire
Office of the Attorney General
Department of Legal Affairs
The Capitol, Plaza Level 01
Tallahassee, Florida 32399
(eServed)
Millie Wells Fulford, Agency Clerk
Florida Commission on Ethics
Post Office Drawer 15709
Tallahassee, Florida 32317
(eServed)
Leonard M. Collins, Esquire
Broad and Cassel
215 South Monroe Street
Tallahassee, Florida 32301
(eServed)
C. Christopher Anderson, III, General Counsel
Florida Commission on Ethics
Post Office Drawer 15709
Tallahassee, Florida 32317-5709
(eServed)
Virlindia Doss, Executive Director
Florida Commission on Ethics
Post Office Drawer 15709
Tallahassee, Florida 32317-5709
(eServed)
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