New record for Trump: lawsuits seeking public records soar

Perhaps in an attempt to find the truth behind what President Trump has decried as “fake news,” requests for government documents under the Freedom of Information Act have soared since he took office, according to an analysis released Tuesday by Syracuse University.

Donald Trump

The 63 public record lawsuits filed in April represented a 25-year high, said officials at The FOIA Project at the Newhouse School at the New York university said. Further, with 60 lawsuits filed already in May, it, too, is likely to be another record-setting month, they said.

Information sought includes records on Trump’s executive orders and last month’s missile attack on Syria. Lawsuits have also been filed to get warrant applications for surveillance activities and internal agency communications about China. People and organizations are also seeking paperwork about actions taken by the new director of the U.S. Environmental Protection Agency and border searches by the Department of Homeland Security.

If the pace continues, university officials said they expect more than 579 public records lawsuits will be filed before the fiscal year ends in Sept. 30. By comparison, 512 Freedom of Information Act lawsuits were filed during the last fiscal year of the Obama Administration.

 

Legislature agrees two former PBC students can be paid for horrific injuries

Two former Palm Beach County high school students – one who was horrifically injured when a tire exploded in his shop class at Seminole Ridge High School – are poised to get money from the School Board to pay for their injuries.

Dustin Reinhardt holds his dog Deedee while visiting his home in Loxahatchee in 2014. (Richard Graulich / The Palm Beach Post)

In a lopsided vote of 117-2, the Florida House on Wednesday gave the final nod to an unusual bill that directs the School Board to pay Dustin Reinhardt $4.7 million for injuries he sustained in the 2013 explosion in his auto shop class. Now 20 and living in an assisted living facility, Reinhardt lost an eye and suffered severe brain damage in the accident. He has already received $300,000 from the school district.

The bill also allows the School Board to pay $790,000 to Altavious Carter, who broke his neck in a 2005 traffic accident caused by a school bus driver. Carter, now 25, was a 14-year-old freshman basketball standout at the former Summit Christian School when the crash occurred.

Altavious “Tae” Carter before he enrolled in Eckerd College in St. Petersburg in 2013. (Allen Eyestone/The Palm Beach Post)

Since the Florida Senate passed the measure 31-5 on Monday, the bill is  headed to Gov. Rick Scott for his approval.

In Florida, the Legislature must approve any payments over $300,000 before government agencies can pay people who are injured by wrongdoing. The measures are known as claims bills.

In addition to awarding money to the two young men, the Legislature also ordered the Florida Department of Children & Families to pay $3.75 million to Victor Barahona. He was was found near death in a van along Interstate 95 in Lake Worth in 2011. Both he and his 10-year-old twin sister, Nubia, had been sprayed with pesticides. Nubia Barahona didn’t survive.

Officials at DCF admitted ignoring years of evidence of severe abuse and neglect at the children’s Miami home. The adoptive parents, Jorge and Carmen Barahona, are awaiting trial on murder and attempted murder charges.

Former Florida Sen. J. Alex Villalobos, a lawyer who now works as a lobbyist, persuaded the legislature to combine what had been two separate bills into one measure for Reinhardt and Carter. In his 25 years of watching the legislature, he said he has never seen it combine two claims bills. Without it, he said it is likely Carter, who in 2010 was awarded $1 million for his injuries by a Palm Beach County jury, would have been forced to wait yet another year.

Attorney Brian Denney, who represented Carter, said he was pleased the bill passed both chambers. But, having waited seven years, he said he wasn’t celebrating until Scott’s signature is affixed to the measure.

Carter, who also played at Grandview Prep, earned a college scholarship to play basketball. But, medical experts said, the injuries he suffered will force him to have additional surgery as he ages.

With two days left in the legislative session, a former Wellington youth, identified only has C.H.M, is still waiting to see if the legislature will pass a bill that would allow him to recover $5 million from DCF. A jury in 2013 agreed the state child welfare agency was negligent when it failed to warn his parents that a foster child they brought into their home was a predator.

The money is to help C.H.M. deal with psychological problems he suffers as a result of being sexually assaulted by the foster child, also the victim of horrific abuse.

This year appears to be a good ones for claims bills. In some recent legislative session, none have been approved.

 

WPB strip club sued for about $1.8 million for using models’ photos

A West Palm Beach strip club owes eight California models as much as $1.8 million for using their photos to lure customers without their permission, according to a lawsuit filed last week in Palm Beach County Circuit Court.

T’s Lounge Gentlemen’s Club has been sold and now is called Ultra Gentlemen’s Lounge.(Greg Lovett / The Palm Beach Post)

In the lawsuit against Ultra Gentlemen’s Lounge, Miami attorney Sarah Cabarcas Osman claims the eight women are top-flight models and business women who never authorized the club on Congress Avenue to use their photos in promotional advertisements.

The club, formerly operated as T’s Lounge, “gained an economic windfall by using the images of professional and successful models for (its) own commercial purposes,” Osman wrote. In addition to not being paid, the woman “sustained injury to their images, brands and marketability by shear affiliation with Ultra Lounge and the type of club (it is),” she wrote.

In an affidavit attached to the lawsuit, a Los Angles modeling agent estimated the club owes the women $1.78 million for using their photos.

The lawsuit is similar to one Osman filed in 2015 against the owner of Cheetah Gentlemen’s Club on behalf of nine other models. The lawsuit filed against Faneuil Entertainment, a Pompano Beach company that owns Cheetah strip clubs in West Palm Beach, Pompano and Hallandale Beach, has been heavily litigated. It is still pending.

The manager of Ultra Gentleman’s Lounge wasn’t immediately available for comment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dr. Salomon Melgen made and lost millions by multi-dosing elderly patients

Dr. Salomon Melgen’s practice of using a single vial of a drug to treat multiple elderly patients for a wet macular degeneration went from being a bonanza to a bust, according to those who testified Wednesday in the Palm Beach County ophthalmologist’s trial on 76 charges of health care fraud.

Dr. Salomon Melgen, 62, arrives at the federal courthouse in West Palm Beach this week.(Lannis Waters / The Palm Beach Post)

When the U.S. Supreme Court two weeks ago refused to hear Melgen’s appeal in his long-running dispute with federal health regulators, it dashed his hopes of recouping millions he repaid Medicare when it claimed he wrongly used one vial of the pricey drug Lucentis to treat as many as four patients, a practice known as multi-dosing.

But federal prosecutors, who claim Melgen bilked Medicare out of as much as $105 million by multi-dosing, misdiagnosing and mistreating scores of elderly patients, said millions more are at stake.

The high court’s decision means Melgen won’t be able to get back the $8.9 million he repaid Medicare for multi-dosing patients at clinics in West Palm Beach, Wellington, Delray Beach and Port St. Lucie in 2007 and 2008. But, Medicare officials also want the wealthy, politically-connected retinal specialist to repay another roughly $32 million for multi-dosing patients from 2009 to 2013.

An attorney, whose Washington-based firm has been paid about $5 million to represent Melgen in his unsuccessful legal battle with the U.S. Department of Health & Human Services, told a federal jury that Melgen is appealing the agency’s claims that he owes it additional money. The appeals, attorney Alan Reider acknowledged, could stretch on for years.

Melgen’s attorneys – including one that works for the same Washington, D.C. law firm as Reider – argued that Melgen’s practice of multi-dosing didn’t cost the Medicare program a dime. Had Melgen bought separate vials of Lucentis for each of his patients, the agency would have reimbursed Melgen roughly $2,000 for each one.

But, prosecutors countered, the practice was lucrative for Melgen. Instead of buying separate vials of Lucentis for three or sometimes four patients, he bought one. But he was reimbursed as if he bought one for each patient.

That means if he used one vial to treat three patients, instead of getting back roughly $2,000 for a single vial, he got back about $6,000. If he used it to treat four patients, he got nearly $8,000.

The trial, which began last month, continues today. Melgen also faces corruption charges in New Jersey along with his longtime friend, U.S. Sen. Robert Menendez. His multi-dosing of Lucentis, and Menendez’s attempts to intervene in his dispute with federal regulators, figure into the prosecution’s case there as well.

 

Attorney for Anthony Simpson wants off case, says he was duped

When attorneys tell judges they want off a case, they routinely cite “irreconcilable differences,” which typically means they haven’t been paid.

 

But, when a Jupiter attorney decided he no longer wanted to represent former North Palm Beach jeweler Anthony Simpson, he felt compelled to apologize to the judge and lawyers representing a New Jersey woman who is trying to evict Simpson from his home. Court records show he deeded it to her in 2015 in exchange for $450,000.

“My credibility is all I have and I have been lied to repeatedly by (Simpson),” attorney David Kuschel wrote in a motion filed in Palm Beach County Circuit Court earlier this month. “I did not become an attorney to abuse the judicial system or to lie to other members of the Florida Bar and the Court.”

Like others who have dealt with the former owner of Shamrock Jewelers on Northlake Boulevard, Kuschel said he believed Simpson when he told him he had “a financial backer.” Simpson promised repeatedly that the anonymous benefactor would give him $600,000 to settle the eviction lawsuit filed against him by Jodi Monell, as trustee of two family-owned trusts in Colts Neck, N.J., Kuschel wrote.

Kuschel said he met with people who were interested in buying Simpson’s home but that they didn’t understand the urgency of doing so. “Apparently, (Simpson) also misrepresented facts to the financial backers,” he wrote.

“The undersigned counsel does not know what else he can do, hence withdrawing from this action is my best course of action,” he wrote in the request.

In 2015, Simpson repeatedly told U.S. Bankruptcy Judge Erik Kimball he had “an angel” who would repay those who invested roughly $12 million in Rollaguard, a company he formed to produce a high-tech brief case. When the anonymous benefactor never appeared, Kimball put a bankruptcy trustee in charge of Rollaguard and Shamrock, who closed them both.

Trustee Robert Furr has filed dozens of lawsuits trying to recover millions from those who made money on both Shamrock and Rollaguard at the expense of others. Simpson also faces charges in Louisiana for writing bad checks to a diamond broker there.

Circuit Judge Edward Artau has scheduled a hearing on April 17 on Monell’s request to order Simpson out of his Oyster Road home.

Six things to know about WPB federal judge who ruled against Trump

U.S. District Judge Kenneth Marra, 65, has been on the federal bench in West Palm Beach since 2002 when he was appointed by Gov. George W. Bush. Here’s a short biography:

Trump ordered to pay $5.77 million to members of Jupiter club

Federal judge to Trump: No disrespect intended

WASHINGTON...Judge Kenneth Marra, left, is sworn-in Thursday during his confirmation hearing before the Senate Judiciary Committee on his nomination to the U.S. District Court. Standing with Marra is David Cerone, right, nominated for District Court Judge of the Western District of Pennsylvania. (Photo by Rick McKay/Cox Washington Bureau) ORG XMIT: COX ORG XMIT: MER0704270031591631
Judge Kenneth Marra, left, is sworn into office in 2002.
  • After his nomination by Bush to a newly-created seat, he was confirmed by the Senate by a vote of 82-0.
  • He served as a Palm Beach County circuit judge from 1996-2002.
  • A native of Queens, N.Y., he graduated from the State University of New York at Stony Brook in 1973 and from Stetson University College of Law in 1977.

Trump in Palm Beach: The latest on protests planned Saturday

  • A devout Roman Catholic, he has eight adult children.
  • He will preside in the upcoming health-care fraud trial of Palm Beach County ophthalmologist Salomon Melgen. Separately, Melgen faces corruption charges in New Jersey with his longtime pal U.S. Sen. Robert Menendez, a Democrat from New Jersey.
  • Some of Marra’s other notable cases include: Joseph Zada, who was convicted of mail fraud for stealing at least $37 million from an estimated 45 victims, including former NHL hockey star  Sergei Fedorov. He is also handling a case in which victims of sexual abuse by Palm Beach resident Jeffrey Epstein are accusing federal prosecutors of violating the Victims’ Rights Act by not telling them about the non-prosecution agreement they signed.

Read more Donald Trump coverage from The Post 

Federal judge to Trump: No disrespect intended

Dealing with Donald Trump can unleash unexpected fury as a federal judge in California discovered in June when the then-presidential candidate questioned the jurist’s Mexican heritage.

Trump ordered to pay $5.74 million to members of Jupiter club

Donald Trump
Donald Trump

In ruling against Trump on Wednesday, in a decision involving Trump National Golf Club Jupiter, U.S. District Judge Kenneth Marra made it clear he meant the new president no disrespect when he referred to him simply as Donald Trump or D. Trump throughout the 22-page order.

Six things to know about WPB federal judge who ruled against Trump

Trump in Palm Beach: The latest on protests planned Saturday

But, to make sure there was no misunderstanding, Marra added a footnote.

From the archive: Bino commentary: Step aside, Judge Marra. It’s your turn to be an unsuitable Trump judge

“At all times relevant to this lawsuit, Donald J. Trump was a private citizen. As a result, the Court will refer to him as such in this decision. In doing so, the Court means no disrespect to him or to the esteemed position he now holds.”

Read more Donald Trump coverage from The Post 

Trump ordered to pay $5.77 million to members of Jupiter club

President Donald Trump’s development company on Wednesday was ordered to pay former members of its Jupiter golf club $5.77  million for improperly changing the rules when he purchased it in 2012.

Six things to know about WPB federal judge who ruled against Trump

Republican presidential candidate Donald J. Trump holds a copy of his magazine during a press conference at Trump National Golf Club in Jupiter, Florida on March 8, 2016. (Richard Graulich / The Palm Beach Post)
Republican presidential candidate Donald J. Trump holds a copy of his magazine during a press conference at Trump National Golf Club in Jupiter, Florida on March 8, 2016. (Richard Graulich / The Palm Beach Post)

In a one-page ruling, U.S. District Judge Kenneth Marra ruled in favor of members who filed suit against Trump National Golf Club Jupiter on Donald Ross Road. He awarded them $4.8 million plus $925,000 in interest.

Federal judge to Trump: No disrespect intended

In a statement, the Trump Organization vowed to appeal.

At a trial in August, members argued that under Trump’s ownership they had been soaked for millions.  Trump purchased the ailing club from The Ritz Carlton for $5 million in 2012. The bargain price came with the understanding that he was responsible for the $41 million that Ritz-Carlton Golf Club & Spa owed members in refundable deposits.

Trump in Palm Beach: The latest on protests planned Saturday

Instead, members claimed, he refused to refund their deposits and continued to charge them membership fees while refusing to let them use the club.

Daily News: much did Donald Trump pay in taxes for Mar-a-Lago in 2016?

Contrary to Ritz-Carlton’s policies, Trump ownership rules bar members from the club once they announce their intentions to resign. Even though they can’t use the club, they are still billed $8,000 to $20,000 a year for dues and must pay an $1,800 annual fee for food and beverages. Because most have to wait until five new members join before their deposit will be refunded, those bills will continue to mount for years.

Patriots owner Bob Kraft, President Trump have Palm Beach connections

Trump, then hot on the campaign trail, testified by videotape. His son, Eric, who oversees the club along with 17 others owned by The Trump Organization, claimed the members were just disgruntled and eventually would get their money back when new members joined.

From the archive: Bino commentary: Step aside, Judge Marra. It’s your turn to be an unsuitable Trump judge

In the statement, a spokesperson for the Trump Organization wrote: “We respectfully disagree with the Court’s decision.  The plaintiffs were all members under Ritz Carlton who resigned before Trump purchased the Club.  At the time Trump purchased the Club, it was suffering financially, making it unlikely that these members would ever get back their deposits.  At trial, we presented overwhelming evidence that the plaintiffs’ memberships were never recalled and that the plaintiffs had waived this argument during the course of the litigation.”

 

Read more Donald Trump coverage from The Post 

Check back for updates.

*Editor’s Note: This story was updated to reflect an amended judgment Marra issued to correct a mathematical error.

 

State to pay Dalia Dippolito’s trial transcript costs, judge rules

A state agency will pay the cost to transcribe Dalia Dippolito’s second trial to help her attorneys to prepare for her third trial this summer, a judge has ruled.

Circuit Judge Glenn Kelley at the end of a short hearing Thursday granted defense attorney Greg Rosenfeld’s request to have the state pay for what he estimates will be at least $10,000 in transcription costs to receive a written play-by-play of the December retrial that ended in mistrial.

Dippolito is now on house arrest as she awaits a third trial in the case where she was caught on camera allegedly hiring a hitman to kill her husband, Michael, in 2009.

The “hitman” turned out to be a Boynton Beach police detective who was part of an investigation that began when Dippolito’s then-lover, Mohamed Shihadeh, told authorities that Dippolito was shopping for a killer.

Rosenfeld, who last month revealed he is representing Dippolito free of charge, and California defense attorney Brian Claypool had previously won a request to have Dippolito declared indigent for the purposes of costs and fees associated with her defense. Dippolito has not been able to work since her 2009 arrest, her lawyers say, because she’s been on house arrest for most of that time.

Dippolito was jailed briefly after a first jury in her case convicted her in 2011. A judge back then sentenced to her to 20 years sin prison, but she was released on an appellate bond shortly afterwards as her lawyers fought to get her a new trial.

They won that quest when an appellate court threw out both the conviction and sentence in 2014, clearing the way for December’s trial.

That trial ended in mistrial after jurors announced they were split 3-3 over whether or not Dippolito was guilty.

Kelley set the start of jury selection for Dippolito’s third trial for June 2.

Boca Raton nanny killer Jerry Wiggins dies in prison

The man serving a life sentence for a slew of crimes that included the 2004 rape and murder of a 26-year-old woman died in prison just before the Christmas holiday, prison records confirm.

Jerry Lee Wiggins, 40, was on Friday listed as deceased in the Florida Department of Corrections website. The site does not list a date of death, nor the circumstances of his death.

Jerry Lee Wiggins
Jerry Lee Wiggins

He is listed on the site as a “released” inmate, and the release date listed is Dec. 20.

Wiggins was convicted in October 2014 for the 2004 rape and murder of 26-year-old nanny Monica Rivera Valdizan. He was also serving a 15-year sentence for the 2003 rape of a Broward County girl and a total 90 years – 50 years for attempted murder and 40 years for armed burglary – for a 2003 home invasion robbery.

His attorneys in each trial argued that, with a severely low IQ and documented mental illnesses, that he was mentally unfit to stand trial.

A psychologist found Wiggins “marginally competent” during the nanny murder trial.