CONTRACTOR MICHAEL ADKINS PLEADS GUILTY TO FIRST DEGREE FELONY

NINE ISLAND AVENUE CONDOMINIUM ASSOCIATION, INC.

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

Published October 11, 2008

   

Two days after I published the article FRAUD -- OR CARELESSNESS OF BOARD -- MAY COST CONDO OWNERS $500,000 I received a telephone call from contractor Michael Adkins assuring me that this was all a great misunderstanding. We got it all wrong and he is absolutely innocent. Maybe some bad business judgment -- but that's all!

 

Check out this plea agreement, signed by Michael Adkins. Does that look like it was signed by an absolutely innocent guy? Where all the allegations that were based on a great misunderstanding?

 

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

FOR MIAMI-DADE COUNTY , FLORIDA

 

Case F08-9419.

                                                                                               

Judge J. Schlesinger

                                                                                                Division Cr. 5

STATE OF FLORIDA

                    Plaintiff

 vs.

MICHAEL ADKINS,

                   Defendant.

PLEA AGREEMENT

                   The State and the Defendant, Michael Adkins (hereinafter “Defendant”) agree to the following:

1.      Defendant shall plead guilty in case numbered: F08-9419 to the charge of Aggravated White Collar Crime, in violation of Fla. Stat. § 775.0844(5) a First Degree Felony.  The Defendant’s guilty plea is irrevocable.  The State will announce a nolle prosse as to the remaining counts in this action.

2.      The Court shall accept Defendant’s guilty plea, and defer finding of guilt, adjudication of guilt and sentence until January 30, 2009 and that then, Defendant will be sentenced according with the terms of paragraphs 5, 6 and / or 7 of this agreement.

DEFENDANT’S OBLIGATIONS

3.      Defendant agrees that the final amount of restitution in this case amounts to ONE HUNDRED SEVENTY SEVEN FOUR HUNDRED THIRTY-FOUR DOLLARS AND FORTY ONE CENTS ($177,434.41). 

4.      Defendant agrees to fully pay the restitution amount of ONE HUNDRED SEVENTY SEVEN FOUR HUNDRED THIRTY-FOUR DOLLARS AND FORTY ONE CENTS ($177,434.41) as follows: 

A.        On August 26, 2008, at the time of taking the guilty plea, Defendant will deposit in the office of the Clerk of Court of the 11 Judicial District a FORTY THOUSAND DOLLARS ($40,000.00) bank or cashier’s check payable to Clerk of Court of the 11th Judicial Circuit for Miami-Dade County and containing in the memo section the words First Order of Restitution case F08-9419.  The State will draft a Court’s order instructing the Clerk how to funds shall be disbursed. Defendant agrees to pay all costs associated with the disbursement of these funds.

B.         On January 30, 2009 Defendant will deposit in the office of the Clerk of Court of the 11 Judicial District a FIFTY THOUSAND DOLLARS ($50,000.00) bank or cashier’s check payable to Clerk of Court of the 11th Judicial Circuit for Miami-Dade County and containing in the memo section the words Second Order of Restitution case F08-9419.  The State will draft a Court’s order instructing the Clerk how the funds shall be disbursed. Defendant agrees to bear the administrative cost of disbursement, if any.

C.      Defendant will pay the remaining EIGHTY SEVEN THOUSAND FOUR HUNDRED THIRTY FOUR DOLLARS AND FORTY ONE CENTS ($87,434.41) during his term of probation and in accordance with his sentence as set in paragraphs 5 and 6.

D.        Defendant acknowledges that at the time of executing this agreement there are two pending criminal cases filed by the State of Florida against him: one in Broward county which is Sheriff Office number BS-08-05684; and, the second in Brevard county, Cocoa Beach Police number 07-0702 (“the Brevard and Broward cases”). Additionally, Defendant represents that he is willing and able to comply with the terms of this agreement in Miami Dade County case F08-9419 regardless of the obligations that could be imposed upon him or agreed among the parties in the Brevard and Broward cases. Furthermore, Defendant agrees to comply first with all the terms and conditions of the instant agreement, including but not limited to the payments of FIFTY THOUSAND DOLLARS ($50,000) on January 30, 2009 and restitution subsequently over any obligations of terms that he can agree upon on the Brevard and Broward cases.  Finally, Defendant agrees that payments made in relation to the Brevard and Broward cases cannot be raised as a defense for failure to comply with the financial conditions, terms and obligations stated in the instant agreement. 

E.         Defendant agrees to be continually available for any and all meetings interviews, depositions, hearings and trials related to this case (F08-9419) as required by the State of Florida and/or the Miami-Dade Police Department and / or the Court, and further agrees to provide truthful and complete information and testimony at such meetings, interviews depositions, hearings grand juries and trials.  The Defendant specifically agrees to provide any and all financial information about himself, his business, business associates and / or business interest he can be required, including but not limited to tax return forms, other tax forms, bank accounts, credit cards, mortgages, transfers and any financial transactions that could be of interest in the instant case to the State of Florida, its legal agencies and / or Miami-Dade Police Department.  In case of dispute about the information required, Defendant agrees that the State will determine what is of interest in the instant case.  The Defendant also agrees not to falsely implicate any person or entity through false information.

F.      The Defendant’s cooperation and testimony pertaining any facts concerning the instant case (F08-9419) shall be entirely unconditional.  Defendant hereby waives his Fifth Amendment right against self-incrimination and any Fifth/Sixth amendment rights to counsel during the course of any investigations or testimony in which the Defendant may participate or provide pursuant to the terms and conditions of this agreement.  Defendant understands and knowingly and intelligently, without threads and promises, specifically waives each and everyone of the following rights:

                                      -Right to remain silent,

                                      -Right against self-incrimination,

                                      -Right to have a lawyer present during questioning;

                                      -Right to a lawyer at no cost.

SENTENCING

5.       If Defendant satisfies the conditions stated in paragraphs 4 A and B, the payment of FORTY THOUSAND DOLLARS on AUGUST 26, 2008; and, FIFTY THOUSAND DOLLARS on or by January 30, 2009, Defendant shall then on January 30, 2009 be found guilty, adjudicated guilty and sentenced to a term of 17 years reporting probation.  The special conditions of Defendant’s probation will be:

A.        During his term of probation, defendant agrees to pay EIGHTY SEVEN THOUSAND FOUR HUNDRED THIRTY FOUR DOLLARS AND FORTY ONE CENTS ($87,434.41).  The payment shall be made through the Florida Department of Corrections which will disburse the funds according to a Third Order of Restitution that the State will draft. 

B.         Defendant further agrees to make a minimum payment of SIX HUNDRED DOLLARS ($600.00) monthly starting on February 1, 2009 until he pays the full amount of EIGHTY SEVEN THOUSAND FOUR HUNDRED THIRTY FOUR DOLLARS AND FORTY ONE CENTS ($87,434.41).  Defendant agrees to bear the administrative cost of disbursement as set by the Florida Department of Corrections.

C.         Additionally, Defendant agrees that inability to pay cannot be raised as a defense in any future proceeding to violate his probation and that by accepting to the terms of this agreement Defendant represents that he has full willingness and ability to pay restitution.  Any failure in the agreed payment of the FIFTY THOUSAND DOLLARS ($50,000.00) on or by January 30, 2009 and / or the payment of the agreed payment of SIX HUNDRED DOLLARS ($600.00) per month after February 1, 2009 will be cause to violate this agreement and / or Defendant’s probation and in such a case Defendant will be sentence according to paragraphs 5, 6 and 7 (sentencing) of this agreement.

D.        Moreover Defendant agrees to comply with the standard terms of probation as inform by the authorized representatives of the Florida Department of Corrections.    

   It is further agreed between the parties that (1) if Defendant does not pay FIFTY THOUSAND DOLLARS ($50,000.00) on or by January 30, 2009; or if (2) Defendant fails to make any of his monthly payments before he has completed the total restitution amount of ONE HUNDRED SEVENTY SEVEN FOUR HUNDRED THIRTY-FOUR DOLLARS AND FORTY ONE CENTS ($177,434.41); or (3) Defendant is found in violation of the terms and conditions of this plea agreement and / or his probation; then Defendant will be sentenced to serve a minimum term of FIFTEEN (15) years in State prison up to a maximum of THIRTY years (30) in State prison.

7   Defendant agrees that if he fails to appear for sentencing on January 30, 2009 or on any other date that the Court could set for sentencing, after receiving reasonable notice, then the parties agree that Defendant shall be sentenced in absentia to the Statutory maximum allowable by law for the charged offense which is stipulated by the parties to be THIRTY (30) years in State prison and the State of Florida will not waive any fines. 

8         The State of Florida need only prove any violation of this agreement to the Court by preponderance of the evidence.

9         Defendant will be released on August 26, 2008 on his existing bond. The alternate bond is no bond.  As a special condition of Defendant’s release, Defendant must turn over all travel documents including but not limited to his passport, birth certificate, etc…the State will not oppose Defendant’s request to travel within the State of Florida for work purposes if the Court and the Florida Department of Probation so authorize. 

10     After sentencing, Defendant shall not file a motion to mitigate or motion to seal or expunge.  The Defendant will further not file a motion to correct his sentence or a motion for post conviction relief pursuant to Florida Rules of Criminal Procedure.  Defendant also agrees that the provisions of the Sentencing Guidelines do not control in this case and have no applicability and will not be a basis for any motions or appeals.  Defendant agrees that he will not file for early termination of his probation before he has completed TWO (2) years of probation and only after he has completed all terms and conditions of this plea agreement, including the payment of restitution fully.

11 Defendant acknowledges that he is entering into this agreement and is pleading guilty freely and voluntarily without reliance upon any discussions between the attorneys for the State and the Defendant’s attorney and without promise of benefits other than those contained herein, and without threats, force, intimidation, or coercion of any kind.  Defendant further acknowledges his understanding of the nature of the offense to which he is pleading guilty and the penalties provided by law.  Defendant also understands that he has the right to plead not guilty and to be tried by a jury with assistance of counsel, the right to discovery as provided by Fla. R. Crim. Pro. 3.220 (including the taking of depositions); the right to confront and cross-examine the witnesses against him; and compulsory process of witnesses to testify on his behalf.  Defendant acknowledges that by pleading guilty, he waives those rights stated and that there will be no trial.  Defendant further agrees that the sentence agreed upon in paragraph 4 is within Sentencing Guidelines, the Guidelines have not been used for this agreement or its sentences and will not provide the basis for any motions or appeals.

12 The Defendant agrees that he understands that if he is not a citizen of the United States that this plea agreement may subject him to deportation or some other immigration consequences.

13 All agreements between the State and the Defendant are contained within this contract.  There are no other agreements between the State and Defendant with regard to this case.

                                                                      Respectfully submitted,

                                                                      KATHERINE FERNANDEZ RUNDLE

                                                                      STATE ATTORNEY

                                                                      By:    ____________________

                                                                                  SANTIAGO AROCA

                                                                                   Assistant State Attorney              

                                                                                   Florida Bar Number  749141         

Dated August________, 2008

I, Michael Adkins, acknowledge that I am entering into this agreement freely and voluntarily after consultation with my attorney, and I am satisfied as to his representation, and that there is nothing additional that I have asked my attorney to do that he has not complied with and that this plea is in my best interest.    

                                                               

____________________                                                               _______________________

Michael Adkins                                                                               J. Cotrone

Defendant                                                                                       Attorney for Defendant

Owners initiated this prosecution. They testified in front of the House Select Committee on Condominium & Homeowners Association Governance, asking what happened to all their money. Besides this shutter fraud, owners have alleged serious financial misconduct and “disappearing” funds (Miami Beach Police Case#1241/ Miami-Dade County ccsc/#29 Miami-Dade County Police Department/#pd070620327604) and misuse of special assessment funds.

This is far from over! The owners have a long way to go as they try to recover their money they claim was lost through negligence of the board! Not giving up is the name of the game!


FRAUD -- OR CARELESSNESS OF BOARD -- MAY COST CONDO OWNERS $500,000

Storm shutter fraud on rise


NEWS PAGE HOME DYSFUNCTIONAL DBPR