Former South Daytona mayor, magistrate get prison for taking bribes
BY LYDA LONGA, STAFF WRITER send an email to lyda.longa@news-jrnl.com
September 15, 2011 nj posted at 415 pm

. . . .In addition, the identity of the confidential informant who paid the bribe money to both men was revealed accidentally in court this afternoon by Clifton in a moment of raw emotion as he spoke to Scriven.

Clifton and Mitchell were each paid $5,000 in June 2010 by an unnamed "investor's representative" who was interested in having liens against the River Club Condominiums, 3131 S. Ridgewood Ave., reduced. 

That investor's representative, or confidential informant, is Stuart Buchanan, a planner with Brevard County government who has also worked with the cities of  South Daytona, Holly Hill and Daytona Beach. 

Both Mitchell and Clifton accepted the cash in exchange for Mitchell's guarantee that the $241,000 in liens against the condominium property would be lowered.

In a sentencing memorandum made public Tuesday, Mitchell's attorney Mike Lambert claims that the meeting where the cash bribes were paid and the plan to reduce the liens was discussed was set up by law enforcement.

"It does not appear that the 'purported investor's representative' represented anyone other than law enforcement and that the scheme put together to obtain a reduction in the City of South Daytona liens placed upon 3131 South Ridgewood Avenue was one generated by law enforcement, and not any real potential investor, or investment group."

The maximum penalty for bribery is up to 10 years in prison and a $250,000 fine.

The FBI began investigating Clifton and Mitchell in October 2010, records show.

In June of that year, Mitchell and Clifton met with Buchanan at the Stonewood Grill & Tavern in Port Orange. Clifton had met with Buchanan two months prior to the June dinner -- in April 2010 -- and they talked about getting the code enforcement liens reduced. . . .

read the complete article in the dbnj

 

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Former South Daytona mayor, magistrate face 3 years in prison for bribery
Daytona Beach News-Journal
In June of that year, Mitchell and Clifton met with the investor's representative at the Stonewood Grill & Tavern in Port Orange. Clifton had met with the investor's representative two months prior to the June dinner -- in April 2010 -- and they talked ...

9 14 11

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july 16 11

South Daytona tightens qualifications for special magistrates

Special magistrates will face a stiffer selection process as the city amends its ordinance after the bribery case involving a former mayor and special magistrate.
July 16, 2011

 

 

June 30 2011

Former South Daytona magistrate pleads guilty to bribery

Mitchell elaborated on his role in the bribery, which took place June 1, 2010, at the Stonewood Grill & Tavern in Port Orange.

"I got a call from Mr. Clifton," Mitchell said. "I arrived there, another person showed up and it was discussed the need to reduce fines at the River Club Condominiums. I agreed to do that, I took the money and reduced the fines."

read more at dbnj on line

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June 29 2011

Friendship turned rocky for South Daytona pair charged with bribery

excerpts from the Daytona Beach News-Journal article, follow:

DAYTONA BEACH -- Jerome Mitchell, an attorney, and Ron Clifton, a city commissioner, were longtime friends back in 2004.

At the time, City Manager Joe Yarbrough said, Clifton recommended Mitchell be appointed to preside as magistrate over code enforcement matters in the small city to the south of Daytona Beach.

Yarbrough said he couldn't recall exactly what was said, but remembered telling Clifton to have Mitchell fill out a resume. "And that's exactly what happened."

The men, both 42, shared business interests.

Court records hint at a rough spot in their friendship earlier this year, when Clifton Financial Services sued Mitchell in January for failing to pay the mortgage on a property they bought together in 2003 at 1912 S. Ridgewood Ave.

The lawsuit settled quickly, with a voluntary dismissal filed by Clifton in March. . . .

... The men's names have appeared together in a number of business deals.

State records indicate Mitchell and Clifton are the officers of Express Title of Central Florida. Prosecutors say Mitchell's failure to return $164,000 in escrow funds he was entrusted to hold for a real estate deal that fell through led to state felony charges being filed in 2009.

That case remains pending, even if it takes a back seat to the federal bribery case. Clifton is not named in that criminal case. ....

...In the pending escrow case against Mitchell, court records indicate Pacific Equity Trust entered into a contract to buy property from Robert N. Davis to build high-rise condominiums on Seabird Island in Port Orange.

The deal to sell a mobile home park there for $25 million fell through when the city didn't rezone the land to allow the project. Pacific Equity sued to get its $250,000 deposit back.

Mitchell was unable to come up with more than $160,000....

....Mitchell's hearing today will make official a plea agreement that calls for his cooperation in a larger investigation. That probe deals with matters that include mortgage fraud and money laundering....

read more at dbnj on line

 

 

 

June 25 2011

....Buchanan, a planner for Brevard County, has declined comment on the case. Realtor Garrett said Buchanan has no ties to the investment group.

Filjones also did not detail why the Department of Insurance is involved, but did say they're part of an FBI task force that investigates crimes.

A pair of FBI agents attended the Orlando hearing Friday. So did Brian Brueggemann, a detective with the Daytona Beach Shores Department of Public Safety. The director of that agency, Stephan Dembinsky, said Brueggemann was assigned to an FBI task force investigating "other things" than the bribery case, including mortgage fraud.

"That's all I'm going to say," Dembinsky said.

Clifton, who has not been jailed while awaiting resolution of the case, was ordered to surrender his passport and remain within the U.S. Middle District -- which encompasses much of Central Florida, not including South Florida and the Panhandle -- pending his sentencing. That date has not yet been set.

Mitchell has a plea hearing next week before Kelly.

read more at dbnj on line

 

 

June 23 11
The first court appearance in the South Daytona federal bribery case is set for Friday, when former South Daytona Mayor Ron Clifton is scheduled to appear before a U.S. magistrate judge in Orlando.

 

poanposted 6 20 11

 

Former co-workers quiet about man's possible role in South Daytona bribery case

Former colleagues describe Stuart Buchanan as a "great planner" who is well-versed in land use and zoning laws. But he also may have played the key role in the South Daytona federal bribery case that netted a former mayor and a former special magistrate, city documents and other records suggest.
June 19, 2011
poanposted 6 20 11

 

June 13 2011

 

Bribery case shines light on magistrates

The arrest of a former South Daytona special magistrate on a federal bribery charge has cast a spotlight on the workings of the judge-like figures, who preside over code enforcement actions and make decisions on municipal fines and liens.

June 13, 2011

excerpts from the Daytona Beach News-Journal follow:

In 2009, Mitchell was disbarred as an attorney in Florida because he represented a gasoline distributor who left the country with $25 million in phony real estate loans. Biju Abraham, whom Mitchell said left him "holding the bag," has not been seen since.

City staffers liked working with Mitchell, even after he'd been disbarred. To keep him on board after the 10-year Florida Bar suspension was ordered, city leaders considered changing the ordinance to allow the position to be held by "an attorney," records show.

"In hindsight, you think why didn't we remove him," Yarbrough said, referring to Mitchell's earlier legal troubles. "At the time, we looked into it, and didn't find anything criminal."

Yarbrough said the thought at the time was that Mitchell was doing a good job for the city. Of his other troubles as an attorney, Yarbrough said, the thinking was "you could be stupid and not be immoral." ....

 

 

June 12 2011

x
Buchanan

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Broker/Owner - CRS, GRI
Waverly Property Group
Daytona Beach
Ramara Garrett
Broker/Owner - CRS, GRI
Waverly Property Group
Daytona Beach
Ph: 386-322-3600
Email Agent
Ramara was formerly a top Century 21 agent in Orlando having achieved their highest rank of CENTURION with her partner (Mom) Marilyn Garrett.They are among only 110 teams in the country who have ever achieved the CENTURION rank for 5 years and thus qualify for the elite status of CENTURION Team Honor Society.
Ramara believes that blitzing multimedia with its message helps get Waverly to the top.Waverly is everywhere with the message that "Waverly is Waterfront."
Ramara stays a positive dynamo even in the current market and believes "great service and creative solutions" work whatever market conditions prevail.Ramara

above profile of Ramara Garrett found at
http://www.waverlypropertygroup.com/ramara

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YouTube - Ramara Garrett Video Profile

3 min - May 11, 2009 - Uploaded by RealtyVideoUSA
Ramara Garrett Video Profile. RealtyVideoUSA 56 videos. Subscribe Alert icon Subscribed. Sign In or Sign Up now! Loading... Alert icon ...
www.youtube.com/watch?v=jww310DcIhA

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AT LEAST 12 PAGES OF GOOGLE ENTRIES ON RAMARA GARRETT

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Click on Tip: click on the icoms below to view the Connection Visualizer for this entity to the left of the name to see the Connection Visualizer.
View the connections between 3131 South Ridgewood LLC and Marilyn Garrett Marilyn Garrett Managing Member at 3131 South Ridgewood LLC Daytona Beach, FL
View the connections between 3131 South Ridgewood LLC and Gina Alvarez Gina Alvarez Managing Member at 3131 South Ridgewood LLC South Daytona, FL

see http://www.corporationwiki.com/Florida/Daytona-Beach-Shores/3131-south-ridgewood-llc/27470719.aspx

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  • Who Bribed South Daytona City Officials?

    Jun 6, 2011 ... WNDB Blogs Who Paid Off the South Daytona City Officials? ... Garrett)… denied that anyone at 3131 South Ridgewood LLC or at the Waverly ...
    daytonasun.com/.../Who-Bribed-South-Daytona-City-Officials.html - Cached

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South Daytona condo investor stunned by bribery scandal
Daytona Beach News-Journal
On June 1, 2010, "the investors' representative met Clifton and Mitchell at a restaurant in Port Orange," according to the US Attorney. The representative gave Clifton and Mitchell envelopes containing $5000 in cash each. "At this and other meetings, ...
See all stories on this topic »

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excerpts follow from the Daytona Beach News-Journal

....Perhaps no one would like those questions answered more than Ramara Garrett.

Garrett and other investors make up a partnership called 3131 South Ridgewood LLC. The partnership in turn owns the vast majority of the units at River Club Condominiums, located at 3131 South Ridgewood Ave. in South Daytona. Garrett is also owner of The Waverly Property Group, the real estate company that is selling the units at River Club....

.....But Garrett believes that unnamed person is Stuart Buchanan.

Reached at his office last week by a News-Journal reporter, Buchanan, 40, declined comment and hung up the phone. He is currently a planner for Brevard County. Between 2000 and 2006, he worked for the cities of Deltona, Daytona Beach, South Daytona and Holly Hill. In South Daytona, he was the city's planner from 2003 to 2005.

In 1989, Buchanan was found guilty and sentenced to eight years incarceration by a court-martial of the U.S. Army for receiving, transporting and selling stolen property, as well as conspiracy and selling firearms without a license, according to city records and U.S. Army officials. In 2004, then-Gov. Jeb Bush granted Buchanan clemency, which restored his civil rights except for one restriction: He could not possess a firearm.

Garrett said Buchanan first made contact with her with an email on Feb. 15, 2010. She had no idea who he was, although he implied they'd already met.

"HI!" Buchanan's email began. "I believe we've met in the past." He stated that he had handled "entitlement work" for various developers in Volusia County, and he attached a lengthy biography to the email.

He also wrote, "Recently I was assisting in getting issues with the River Club condos in South Daytona resolved with the city of South Daytona. I also brought in the general contractor that wrote up the building for needed repairs. I was mainly involved because I have a buyer interested in making a bulk unit purchase. My client has purchased a number of properties in Volusia County previously.

"I would like to meet you for drinks and see if any of the units are still available from the new owner for purchase," Buchanan's email ended.

Garrett said she declined to meet with Buchanan at that time.

"He was always very determined to meet," Garrett said. "It was very creepy to me." ...

....On July 8, although he wasn't on the agenda, minutes indicate Buchanan showed up at a magistrate's hearing Mitchell was conducting. Buchanan said he was there representing The Waverly Property Group regarding the condo complex. Over the objections of city officials, Mitchell reduced the liens against the condos from $241,000 to $12,000. ....

On the letter of intent, Buchanan stated that the buyer interested in purchasing the condos is "Marat Balegula." Out of curiosity, Garrett typed that unusual name into Google. What popped up were numerous references to a "Marat Balagula."

.....Balagula is a reputed member of the so-called Russian crime syndicate. He served time in federal prison from 1992 to 2004 for a credit card scam and for a gasoline bootlegging operation. Various news accounts have tied him to organized crime in New York. He was released from a federal prison in Bastrop, Texas, in 2004. The News-Journal could not ascertain his whereabouts, whether he is even still alive or actually has any connection to this case. ....

complete article at news-journalonline.com

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Found in a google search. Many google references to
Marat Balagula.

 

poanposted 6 12 11

 

 

Former South Daytona official asked for lesser fine in bribery case

The man who requested the code fine reductions that sank two former South Daytona officials is a longtime government planner who has a criminal past himself, records show.
June 8, 2011

Excerpts from the Daytona Beach News-Journal article:

x
Buchanan

The man who requested the code fine reductions that sank two former South Daytona officials is a longtime government planner who has a criminal past himself, records show.

Now working as a planner in Brevard County, the personnel record of Stuart Arthur Buchanan from his days working at South Daytona show he was court-martialed in the Army in the 1980s for dealing in stolen property, conspiracy and selling weapons without a license. But he went on to work for several governments and was involved in major projects in South Daytona.

Buchanan, as a senior planner at South Daytona starting in 2003, was key in the redevelopment efforts of South Ridgewood Avenue and in his time at Deltona, Holly Hill and in other government jobs received positive reviews.

Buchanan, as a senior planner at South Daytona starting in 2003, was key in the redevelopment efforts of South Ridgewood Avenue and in his time at Deltona, Holly Hill and in other government jobs received positive reviews.

But records show Buchanan's latest move in South Daytona involved getting $241,000 in code fines reduced to $12,500 during a code hearing in which he identified himself as a representative of condo investors. The fine reduction was at the heart of the federal investigation that resulted in former Mayor Ron Clifton and former Special Magistrate Jerome Mitchell being charged with bribery by the U.S. Attorney's Office. . . . .

Buchanan, who did not return phone messages left Tuesday, had a prominent role in the South Daytona code enforcement hearing on July 8 that is at the center of the federal government's charges against Clifton and Mitchell, city documents show. . . . .

At the July 8 code enforcement hearing in South Daytona, though, Buchanan -- already employed with Brevard County -- said he was from a company called Innovative Zoning Solutions of Rockledge and that he was representing Waverly Properties for 3131 S. Ridgewood Ave.

The latter is the address for the River Club and Waverly Property Group is the broker for the sale of units at the River Club, records show. The owner of the condominium property is a concern called 3131 South Ridgewood LLC.

Waverly Property Group owner Ramara Garrett has strongly stated that Buchanan has never represented her company.

At the code meeting Buchanan asked Mitchell for a reduction in fines for the condominium property.

In the government's version of the July 8 code hearing, the federal government stated that Mitchell reduced the fines to an amount "previously discussed by the investor's representative, Clifton and Mitchell."

Government documents do not name Buchanan.

The 40-year-old Buchanan never told his superiors at Brevard County that he was involved in another business, as required by county policy. . . . .

In 2005 Buchanan helped the city eliminate some mobile home parks and the development district had been approved for at least three condominium projects, including Halifax Landings on South Ridgewood Avenue. Others, land with mobile home parks and a bowling alley/lounge, are still vacant.

Buchanan, who no longer worked for South Daytona in September 2006, represented then-Commissioner Clifton at a Land Development Regulation Board meeting. Clifton and a partner petitioned for a zoning change for properties they owned while seeking to dislodge Ramar Mobile Home Park on Ridgewood Avenue.

In 1989, Buchanan, then in the U.S. Army, was court-martialed after he was charged with receiving, transporting and selling stolen property. Buchanan, who lives in Brevard County, also was charged with conspiracy and selling arms without a license.

In 2004, then-Governor Jeb Bush granted him clemency, restoring civil rights he lost with the court-martial. There was one restriction against Buchanan -- he could not possess a firearm.

complete article at dbnj on line

poanposted 6 9 11 at 106 am

 

 

 

SOUTH DAYTONA OFFICIALS CHARGED BY FBI:

Poan Hank had asked the City of Port Orange to provide any records of Mr. Mitchell or Mr. Clifton appearing before the Port Orange City Council.

After an exhaustive search, in installment parts, no such records have been found.

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I have searched more of our old documents and have found nothing with Mr. Mitchell’s name or Mr. Clifton. It does not appear either appeared before the Port Orange Council.

If I may be of any further assistance, please do not hesitate to contact me.

Robin

 

ROBIN FENWICK

DEPUTY CITY CLERK

CITY OF PORT ORANGE

1000 City Center Circle

Port Orange, FL 32129

poanposted 6 8 11 at 206 pm

 

 

July 8 2010, Minutes of the Special South Daytona Magistrate Hearing,
presided by disbarred attorney, Jerome Mitchell

poanposted 6 7 11

Comments by POAN hank:

I noticed in the minutes of this hearing a notion that sounds like
"We have to be fair to developers". Although a former vice mayor of Port Orange probably had no sinister intentions when she uttered those words at a Port Orange City council meeting, I will always remeber her statement.

I also notice in the minutes of this hearing, a complaint from a board member that he was not prepared to make decisions on this matter, because he had not known it was coming up on the agenda.
Need I retell the Port Orange cra meeting where over $800,000 was paid by the city to the master developer for having purchased Lohman's funeral home,on behalf of the city, an exhorbitant price for a piece of property at the time. "Hank - enough - enough Hank"

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Mitchell's actions were carried out on July 8, 2010, at a code enforcement hearing in South Daytona where he presided as the special magistrate, the U.S. Attorney's Office said.

The following is the transcript of said meeting as posted on the City of South Daytona web site at

http://www.southdaytona.org/egov/docs/1282748939_807800.pdf

-----------------------------------------

IX. COMMUNICATIONS AND PETITIONS:
1. 07-093 Poornima and Avinash Charitable Foundation, Inc.,
Avinash Gupta, (President & Director), Gupta Realty Corp., and The
River Club Association, Inc., Edward Minier, and
Louise Henion Estate
3131 South Ridgewood Avenue, South Daytona, FL 32119
Violation of the City of South Daytona Code of Ordinances, Article II,
Building Section, 105 Permits, and Article XI, Section 5-217, Minimum
Standards for the maintenance of commercial properties, Sub-Sections, (1,
2, 3, 6, and 8). NFPA 1 and 101. Failing to correct fire and building code
violations. Failed to comply with the Orders of the Special Magistrate by
November 8, 2007. Fines have accumulated to $241,000.00 as of July 8,
2010, for 964 days of non-compliance at $250.00 per day.
Stuart Buchanan, Innovative Zoning Solutions, P.O. Box 560451, Rockledge, Florida, stated that
he is representing Waverly Properties, 3131 South Ridgewood Avenue, South Daytona, Florida,
a condominium building previously owned by Mr. Avinash Gupta. He acknowledged that the
current property owners still have one outstanding item that needs to be corrected and they hope
to have that resolved by next week. Mr. Buchanan stated that the property owners are seeking a
reduction in fines. He noted that another investment group is looking at purchasing but the lien is
clouding the sale.
Jerome Mitchell asked if Mr. Gupta is currently not involved with the condominium. Mr.
Buchanan responded that this is correct, and that he is currently engaged in civil suit with Mr.
Gupta regarding a different client in a sales contract issue.
Mr. Mitchell stated that he would like to facilitate the new ownership of this property and
inquired if most of the items have been corrected.
Russ Kennedy stated that once the owners obtain an approved final inspection on the one
outstanding permit, the City will submit the owners’ request for a fine reduction at the next
Special Magistrate Hearing.
Mr. Mitchell asked if the City could process the request for the fine reduction Hearing right now,
payable at the same time that the permit obtains an approved final inspection of the outstanding
plumbing item.
Russ Kennedy stated that he does not believe that the City wants to start a precedent on the fact
that it does not offer a fine reduction Hearing on anyone until the property is in full compliance.
Stuart Buchanan stated that he believes the owners will have the plumbing permit completed by
next week. He expounded that the reason the owners are seeking this fine reduction is because
the property is showing up as having an outstanding debt.
Jerome Mitchell stated that he understands the position of the current property owners-as far as
financing-and said that this case should be facilitated. He elaborated that if there is a time frame
that is set to pay the fine then the approved final inspection will be within that same time frame;
6
if either of those is not in compliance within the prescribed date, then the fine reverts back to the
original amount.
Richard Mihalich asked if the property owners are looking to be released from the City’s lien on
the property. Stuart Buchanan confirmed that this is correct.
Mr. Mihalich noted that the City cannot release the lien until the property is in compliance and
the fines have been paid. Mr. Buchanan responded that the owners do not need a total release of
the lien, just partial. He added that if a portion of the lien is released, Waverly Properties can
close on the building.
Helen Wert, Assistant Community Development Director, asked Mr. Buchanan what reduction
amount the owners are proposing. Mr. Buchanan responded that the owners are going to leave
that up to the City to decide.
John Dillard, Community Development Director, stated that there has been no discussion with
the City on what the fine would be reduced to.
Richard Mihalich noted that the item that was left to be corrected was initiated by the previous
owner. He added that the previous owner had conducted a lot of work without a permit;
specifically, installation of water heaters and modifications to the plumbing system. Mr.
Mihalich explained that the current owners obtained a building permit and a licensed plumbing
contractor was going to go through and make sure all work is up to code. He said that the permit
was issued April 23, 2010, and does not know if the work has progressed but the contractor must
call the City to schedule an inspection and that the inspection must be approved by the City.
John Dillard stated that part of attempting to assess what the fine could be reduced down to, is
looking at the City’s hard costs over the years and what it has accumulated in trying to enforce
these issues. He noted that the problems with this property have been going on for quite a while.
Mr. Dillard said that the City has had some real hard costs that they must assess. He added that
the City is not ready to present this case since no one on staff had been notified that Mr.
Buchanan would be present on behalf of Waverly Properties to discuss this case at today’s
scheduled Hearing. Mr. Dillard stated that it may take a day or two to calculate the costs the
City incurred for this particular case. He asked Mr. Buchanan if there was a minimum reduction
figure that the property owners would accept.
Mr. Buchanan responded that the owners would like an initial reduction to $100,000; then, once
the one item has been corrected, the owners would like to come back and request another
reduction of fines when the City has their costs figured out.
Jerome Mitchell stated that he understands the administrative costs over the years, but he also
understands the owners’ predicament. He elaborated that there are new people coming in trying
to do something good but the mistakes of Mr. Gupta are haunting them and obstructing their
progress. Mr. Mitchell added that he is inclined towards a fine reduction in the $13,000 range.
John Dillard responded that the City has incurred costs in the $25,000-$30,000 range and that
this is part of the problem. Mr. Dillard added that he must consult the City Manager prior to
making a decision on a fine reduction figure.
7
Helen Wert stated that when Waverly Properties had taken over 3131 South Ridgewood Avenue,
they understood that the City had already incurred up to $27,000 hard costs. She added that the
City would mandate that we recover these costs since these were hard costs that the taxpayers of
South Daytona already paid. She added that these costs did not include staff time spent
inspecting and going back and forth to the subject property. Ms. Wert advised that City staff
needs input from the City Manager to see what the City is willing to do.
John Dillard requested a fifteen minute recess in order to contact the City Manager to discuss
some numbers with him in order to move forward with this case.
Mr. Dillard stated that after speaking with the City Manager, it was decided that, in effort to
move this case forward, the City needs time to review the case’s file and proposed that the fine
reduction be set at $50,000; the property owners will not come back for a second reduction in
fines. Mr. Dillard added that the City has incurred $30,000 in legal costs from an outside
attorney who has been working on this case for over five years. He remarked that he does not
see why the City taxpayers should be responsible for these costs. Mr. Dillard noted that when
Waverly Properties bought this property, they understood that there was a fine and were aware of
the situation.
Jerome Mitchell stated that he is not inclined to Order that reduction. He explained that the City
needs to take the position at times to help facilitate new owners, improvements, and new
development. Mr. Mitchell ordered the Respondent to pay five percent of the original fine for a
total of $12,000, payable by July 23, 2010. In addition, Mr. Mitchell ordered the Respondent to
have an approved final inspection obtained by the same date. If the Respondent fails to comply
with these Orders, the fine will revert to the original amount and the City will reinstate the lien
on the property.
2. 08-235 Timothy Barron
1984 Teague Street, South Daytona, FL 32119
Violation of the City of South Daytona Code of Ordinances,
Article II., Building Code, Section 105.1, Permits required.
Article X., Section 5-200, Dangerous Structure. Failure to
obtain building permits for interior renovations. Failed to
comply with the Orders of the Special Magistrate by January
13, 2009. Complied with the Orders of the Special Magistrate by
June 1, 2010. Fines accumulated to $106,200.00 for 531 days of
non-compliance.
Richard Mihalich stated that as of June 1, 2010, the property had accumulated $106,200 in fines.
He expounded that the property had been in foreclosure for a period of time which is part of the
reason why there had been no action on it. Mr. Mihalich explained that the bank had finally
received possession of the property and that they had negotiated with the City to demolish the
structure and bring the property into compliance. He added that the City’s part would be to
support a reduction in fines from $106,200 to $1000.
8
Jerome Mitchell ordered the fine reduced to a total of $1,000 payable by September 7, 2010. If
the fine is not paid by the prescribed date, the fine will revert back to the original accumulated
fine amount.
The Special Magistrate Hearing adjourned at 9:40 a.m.
____________________________________
Jerome Mitchell, Special Magistrate (Former)
Barry Hughes, Special Magistrate (Current)
_____________________________________
Heather M. Lill, Recording Secretary

 

 

 

Ex-mayor to plead guilty to bribery
1 other man takes deal in lien case
By LYDA LONGA, Staff Writer send an email to lyda.longa@news-jrnl.com Daytona Beach News-Journal
  June 7, 2011 12:05 AM
Posted in:

Tagged:

excerpts follow:

Clifton and Mitchell admitted in documents obtained Monday that they accepted bribes in exchange for reducing city code liens against a condominium property that was for sale in South Daytona last year.

According to the federal charges, Clifton accepted $7,500 in bribes from a representative of an investor interested in purchasing the River Club Condominium at 3131 S. Ridgewood Ave.

Federal authorities have declined to identify the investors' representative and have not charged that person with bribing the public officials.

At the time, the 40-unit condo was owned -- and is still owned -- by a group called 3131 South Ridgewood LLC. The broker for the sale of the condominium is Waverly Property Group, which is owned by Ramara Garrett. The owner's mother, Marilyn Garrett, is the registered agent for 3131 South Ridgewood LLC, according to state corporate listings.

In exchange for his services, Mitchell received $5,000 after he lowered the $241,000 code liens to $12,500, the U.S. Attorney's Office said.

Mitchell's actions were carried out on July 8, 2010, at a code enforcement hearing in South Daytona where he presided as the special magistrate, the U.S. Attorney's Office said.

While the investors' representative remains a mystery, the minutes of the code enforcement hearing show that a man identified as Stuart Buchanan said he was representing the Waverly Property Group of 3131 S. Ridgewood Ave.

When reached at his job in Brevard County on Monday, where he works as a planner, Buchanan asked whether the call pertained to his work. Then he hung up.

There are several unanswered questions, including the identity of the investors' representative, and whether that person will be charged because he paid two public officials off with bribes.

The U.S. Attorney's Office would not comment on that aspect of the case Monday, with a spokesman saying he could neither "confirm nor deny" when asked whether the person who paid the bribes -- the unidentified investors' representative -- would be charged with a crime.

Meanwhile, the attorney for Mitchell, Mike Lambert, said he believes "someone was obviously eavesdropping" when Clifton met with the investor's representative on May 26 to discuss how Mitchell -- who was not at that meeting -- would reduce the code liens in exchange for the bribes.

Mitchell's plea hearing has been set for June 29 at 11:30 a.m. in U.S. District Court in Orlando before Magistrate Judge Gregory J. Kelly. Clifton's hearing date was not available.

complete article at dbnj on lline

6 7 11

 

Former South Daytona officials plead guilty to accepting bribes

Ex-mayor and City Council member Ron Clifton and ex-magistrate Jerry Mitchell face federal prison time and fines.

excerpts follow:

A disbarred lawyer who pleaded guilty to accepting a bribe while working for the city of South Daytona is a target of two other criminal investigations, court documents revealed Monday.

The U.S. Secret Service and the Federal Bureau of Investigation are looking into whether Jerome "Jerry" Mitchell, 42, of Port Orange, committed mortgage, bank, wire or mail fraud, money laundering, forgery or making false statements to a financial institution, a plea agreement shows.

Those charges may be filed separately and disposed of in a separate plea agreement, papers state. Prosecutors agreed not to charge Mitchell with other crimes they were aware of that related to his work as a code-enforcement special magistrate in South Daytona. . . . .

Mitchell and Clifton admitted accepting bribes from a company called 3131 South Ridgewood, LLC, which bought River Club condominiums on the Halifax River in May 2009. The four-story building contains 40 condos.

more at orlandosentinel.com

 

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Marina Resorts Properties, LLC

Thank you Mr. Paker.

If his company had come before the port orange city council, it is no bad reflection upon the city council, but in these days because of these too prevalent kinds of dealings, we need to pay attention to implicated companies and/or developers coming before the city council.  I think you all did well with the Internet Gambling issue, and I would think it is in the nature of the game to be sued by a company such as Allied Veterans.  Good luck to you and for all of us.
 
Thank you for your information and help to me, so that we can keep vigilant about who might be coming in front of the city council.  The marina company mentioned might very well be reputable, despite Mitchell being on the managing board.  We are alert and watching.  It is what it is in America, and indeed South Daytona is not Port Orange, and we are happy to know that  such things have not happened here, and we stay alert to come down hard if it does.
I think there was a negative happening some years ago in regards to a federal investigation of some aspect in Port Orange.  I remember a former mayor speaking of the investigation at a Port Orange Historical meeting, and I think I recalled that nothing concrete came out of the invetigation.  A few years ago, top managers of Family Days were investigated, and one member charged for wrong doings as representatives of that non profit organization.
It seems prudent for citizens to stay alert and be aware of any ties of unethical people to businesses that might come before the city council.
 
But in no way do I mean to suggest that the city council is connected or have ties to undesirable elements.
 
Mr. Mitchell will have his day in court, and meanwhile, we citizens will remember how close South Daytona is to Port Orange.  I wish such alleged nefarious deeds are not processed in a Port Orange restaurant or behind McDonalds.  I like our eating establishments in Port Orange.
Thank you for looking into my request for information. -- hank springer  www.portorangeareanews.com
----- Original Message -----
Sent: Sunday, June 05, 2011 9:39 AM
Subject: RE: Jerome Mitchell, south daytona charges by fbi

Hank: all I know about Mr. Mitchell is what I read in the paper.  I know that he was disbarred.

 

I do not remember him coming before the City Council on any of the Marina projects.  I will check the minutes to see if he did.

 

Ken

 


From: Port Orange Images [mailto:poimages@cfl.rr.com]
Sent: Saturday, June 04, 2011 10:28 AM
To: Port Orange Images; Pohlmann, Bob; Martin, Mary; Parker, Ken; Steindoerfer, George; Kennedy, Dennis; Green, Allen; BurnetteforPO@aol.com; Robert Ford
Subject: Jerome Mitchell, south daytona charges by fbi

 

Good weekend Mr. Parker.

I am doing some research on Jerome Mitchell, disbarred lawyer charged for bribery in a South Daytona case.

1.  Would you happen to know if Jerome Mitchell is the same as Jerome D. Mitchell?

2. Mitchell's name comes up on a google search as Managing Member at Marina Resorts Properties, LLC .  I wonder if this company perhaps came to the Port Orange city council in support of a mariner to be built in Port Orange near Sea Bird Island, and the causeway park and boat launching dock. Can you answer this question for me? -- thanks -  hank

 Date:sent to city council, 1027 am, 6 4 11
From Port Orange Area News
www.portorangeareanews.com  
Hank Springer, Publisher/Editor
386 852 3178
poimages@cfl.rr.com

 

 

Former Mayor Ron Clifton was charged Friday by the U.S. attorney's office with accepting $7,500 in bribes to help reduce city and county liens on a condominium complex and then lying about it to the FBI.

Clifton

Mitchell

 

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South Daytona , Fl.

Former Mayor and City Magistrate Charged with Bribery and Making False Statements

excerpts follow from a FBI Jacksonville, Press Release

-------------------------

Ronald Clifton (41, South Daytona) with bribery and making false statements.

At the time of the charged offenses, Clifton was the mayor and a councilman of the City of South Daytona. Also announced today is the filing of a separate felony information charging Jerome Mitchell (42, Port Orange) with bribery.

According to court documents, on May 14, 2009, a company named 3131 South Ridgewood, LLC purchased the River Club Condominiums, a condominium complex located at 3131 South Ridgewood Avenue, South Daytona, Florida. Before the purchase of the River Club Condominiums by 3131 South Ridgewood, LLC, the prior owners of the property incurred code enforcement violations resulting in the City of South Daytona placing $241,000 in code enforcement liens on the property. In addition, the prior owners of the River Club Condominiums incurred $500,000 in Volusia County tax liens on the property. When 3131 South Ridgewood, LLC purchased River Club Condominiums, the property remained encumbered by the city and county liens.

On May 21, 2010, Clifton, then the mayor of the City of South Daytona, attended a dinner with, among other persons, the owners of 3131 South Ridgewood, LLC and a purported representative of investors interested in buying the River Club Condominiums. At that meeting, the parties discussed the problem of the outstanding city and county liens on the property, and the fact that the liens made the property less desirable to potential buyers.

A few days later, on May 26, 2010, Clifton met with the purported investors’ representative and discussed how to get the City of South Daytona code enforcement liens reduced on the River Club Condominiums. At the conclusion of the meeting, Clifton suggested that the City of South Daytona Special Magistrate for Code Enforcement, Mitchell, would reduce the city liens to a minor amount, in exchange for a cash bribe.

read more at fbi.gov/jacksonville

//////////////////

A search of the internet by POAN Hank found a Jerome D. Mitchell. I am not yet certain that Jerome D. Mitchell is the same as the Jerome Mitchell named in the charges. Perhaps it could be a relative?:

Jerome D Mitchell Managing Member at Marina Resorts Properties, LLC - View 2 other company

Hide other company

found at http://www.corporationwiki.com/Florida/Port-Orange/marina-resorts-properties-llc/36392244.aspx

Port Orange, FL

//////////////////////////

Also found on the internet:

18 years since Jerome David Mitchell was first licensed to practice law.

State License status Year acquired Last updated by Avvo
Florida Disbarred 1994 03/05/2011
Pennsylvania Active 1993

05/01/2011

 

found at http://www.avvo.com/attorneys/32129-fl-jerome-mitchell-527848.html

////////////////////////////////

Also found on the internet , mug shot Nov. 09, of Jerome Mitchell.
Poan Hank is making inquiries to ascertain if this is the Jerome Mitchell named in the charges, and if this is the same person as Jerome D. Mitchell. Mug shot can be found at
http://florida.arrests.org/Arrests/Jerome_Mitchell_4073870/

\////////////////////////////

also found on the internet from the Orlando Sentinel:

Mitchell is a lawyer who was disbarred in 2009 for 10 years for failing to pay mortgages and liens with $25 million from the sale of gas stations and other real estate, documents show.

He gave the money to a client — the seller of the stations — without making sure the encumbrances were satisfied, papers from The Florida Bar state.

above excerpt from http://articles.orlandosentinel.com/2011-06-03/news/os-corruption-bribery-south-daytona-20110603_1_liens-city-magistrate-bribery

///////////////////////////////

x
MItchell

above phot found in Daytona Beach News-Journal,

http://www.news-journalonline.com/news/local/east-volusia/2011/06/04/former-south-daytona-mayor-charged-with-bribery-making-false-statements.html

///////////////////////

also found on the internet:

DISBARRED LAWYER CHARGED WITH MISAPPROPRIATION OF ESCROW-- Daytona Beach News-Journal, http://www.news-journalonline.com, Aug. 27, 2010.
Port Orange attorney Jerome David Mitchell, disbarred last year for his part in a $25 million real estate scam, has been charged with misappropriation of escrow money. Mitchell, 41, was held Thursday [Aug. 26] at the Volusia County Branch Jail on $200,000 bail, a day after his arrest by Daytona Beach police. If convicted of the first-degree felony, he would face a maximum of 30 years in prison. Mitchell was disbarred in July 2009.

found at http://www.floridabar.org/DIVCOM/
PI/PINewsSummary.
nsf/FV/99BC14671E64E2DA8525778C004CE92F

//////////////////////////

corrections if needed will be added to this section. POAN hank will be inquring to find out if Jerome D. Mitchell is the same as Jerome Mitchell, and if Marina Resorts Properties, LLC has come before the Port Orange City Council on any issue. Poan Hank also wants to know when Jerome Mitchell was appointed special magistrate, and if he served in such position after being disbarred.

If you have any infomation on such matters, please let me know.

e mail hank

6 4 11


 

FOR IMMEDIATE RELEASE

Date: 06/03/2011

The City of South Daytona

http://www.southdaytona.org/

from       Jeanne Willard, Public Information Officer

                          Jwillard2009@live.com

FORMER CITY OFFICIALS CHARGED  

SOUTH DAYTONA – City officials confirmed that United States Attorney Robert O’Neill of the Middle District of Florida filed felony information charges of bribery and making false statements against former Mayor Ron Clifton today. In a separate filing former Special Magistrate Jerome Mitchell was charged with bribery.

 

City Manager Joe Yarbrough expressed his regret upon hearing the news. “This is an example of how the public trust can be breeched. In my thirty five year career I have never experienced an indictment of a city official. I am thankful that the FBI has thoroughly investigated and is pursuing the alleged charges. Though serving and contracted by the city at the time of the alleged actions, Mr. Clifton and Mr. Mitchell acted outside the knowledge or sanctions of the city administration and the city council,” Yarbrough said. “On a personal note, should these men be found guilty of the charges against them, I am saddened by the consequences to their families.”

Clifton was first elected to the City Council in 1994. He became acting Mayor on April 9, 2010 when Mayor Blaine O’Neal died and was sworn in as interim mayor on April 27, 2010. He served in that capacity until the election of a new mayor on August 24, 2010. Clifton resumed Council Seat 4 until his resignation on January 12, 2011. He did not provide City officials with a reason for his resignation. Special Magistrate Jerome Mitchell was appointed by the City Council in January 2004 and was replaced as Special Magistrate on July 13, 2010.

 

Former South Daytona mayor charged with bribery
Central Florida News 13
Also announced, felony information charging Jerome Mitchell of Port Orange with bribery. At the time of the charged offense, Mitchell, who is an attorney, was a City of South Daytona Special Magistrate. If convicted on all counts, Clifton faces a ...

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