A Miami-Dade Circuit Court judge on Friday rejected a lenient plea agreement for a former EmeraldBay property manager accused of siphoning maintenance payments, saying she wanted to ensure that the victims of Maria Rodriguez’s fraud had been consulted a deal that would leave her with no criminal record.

Rodriguez faces three felony charges – two for theft and one for organized fraud – in stealing $7,000 in maintenance fee checks from married residents of the condo. She faced up to five years in prison, but the plea deal outlined for the court on Friday was: Three years reporting probation Withhold adjudication, meaning Rodriguez would not have a criminal record for the theft if the rest of the terms are followed 50 community service hours Forfeiture of her business license, already completed Restitution of $7,295. Miami-Dade Circuit Judge Christine Hernandez then asked Assistant State Attorney Josephine Farrell if the victims – Andres Ricketts Bustamante and Maria Canepa Castro – had signed off on the deal. They had not. Farrell said she was not sure if the couple were aware of the plea.   “The victims under the Constitution have the right to be heard,” Hernandez said. “So I want to make sure that you speak to them, that they understand,” Rodriguez said.

Maria Rodriguez, the former condo manager of EmeraldBay in Key Biscayne, exits court Friday October 25 2024. Miami-Dade Circuit Court Judge Christine Hernandez rejected a plea deal

 

Carlos Ziegenhirt, Rodriguez’s attorney, said under his breath, “She’s got to be kidding us.”

 

The judge, who did not appear to hear the remark, then set a hearing for next Friday, saying the state of Florida still can offer the plea offer.

For those keeping score at home, this was the third postponement of the plea for Rodriguez. Hurricane Milton scuttled a date on Oct. 9 and then Rodriguez was a no-show on Thursday. Judge Hernandez chastised Rodriguez for not updating her location with the court.

Ricketts and Canepa could not be immediately reached for comment.

They previously told police that they were contacted by EmeraldBay’s property management company and that they faced legal action because they had failed to pay their maintenance fees. The couple produced the check and it was discovered that the money was funneled into a corporation that Rodriguez had set up called KCC Inc.

It was an alias for KC Complete Inc., a company Rodriguez formed in 2015, she told police, as part of her side hustle to broker parking spaces between residents. The couple, who also paid Rodriguez $100 per month for parking, told police that they talked to the owner of the spot who told them he had never received any compensation in 10 years.

The Independent also reported a member of the EmeraldBay board said another resident came forward saying he had been defrauded of about $27,000. However, that resident declined to file a police report.

State Attorney Katherine Fernandez Rundle’s office has been bullish about corruption in condo and homeowner associations, even convening a grand jury on the subject. On Thursday, her office announced yet another arrest in the years-long investigation into the massive theft of funds from the Hammocks Home Owners Association.

The Independent has reached out to the state attorney’s office for comment on why Rodriguez was offered probation rather than a stiffer sentence.