Plea deal forces one more delay in Hallandale condo kickback trial

Article Courtesy of The Sun Sentinel

By Rafael Olmeda

Published September 18, 2013

 

A plea deal prompted another delay Monday in the trial over alleged kickbacks that cost Hallandale Beach condominium complex owners more than $3 million.

Ira Silver, 68, pleaded no contest to one count of organized fraud and agreed to repay $400,000 to Parker Plaza Estates, the condo for which he once worked as a plumbing contractor. Broward Circuit Judge Michael Robinson set a sentencing date for Oct. 4.

Prosecutors did not specify whether they will ask for any prison time for Silver. Silver made a $350,000 payment Monday morning, and defense lawyer Fred Haddad asked for a probation term of six months, which he said will give his client enough time to pay the remaining $50,000.

"I would ask that the probation be lifted once he makes the final payment," Haddad said.

The deal threw off plans to try the last remaining defendant in the case, Robert Hittner, who was the building manager.

Prosecutors say Hittner, Silver and former maintenance supervisor Angel Ramos inflated the cost of work at the 520-unit high-rise at 2030 S. Ocean Drive and required contractors to pay them the extra money. The alleged scheme was discovered in 2005 after unit owners became suspicious of a proposed $14.3 million assessment.

Spurred by the owners, investigators looked into the association's books for two years before charging the defendants. Also originally charged in the case was Joseph Greenberg, the head of the condo association. Greenberg was the first to reach a plea deal. In 2007, he agreed to repay $250,000 and serve seven years of probation. He also gave up ownership of his unit, valued at $290,000.

Ramos, 83, was diagnosed earlier this year with Alzheimer's disease. His case has been all but dropped – unless he somehow regains legal competency, it will be impossible for him to participate in his defense. The case against Ramos will be dismissed without prejudice in 2018, if Ramos lives that long.

A jury was picked in mid-August and was slated to hear opening statements in the case against Hittner and Silver on Monday. When Silver pleaded no contest, he became a potential witness against Hittner, 65. Hittner's lawyer, Frank Negron, asked the judge for time to depose Silver to help prepare Hittner's defense.

More than a dozen condo unit owners showed up Monday for the trial's would-be opening. Although some owners were aware over the weekend that a deal had been reached with Silver, there was uncertainty about whether Hittner's trial would proceed. Hittner is due back in court Oct. 21.

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