HomeMy WebLinkAboutExhibit.............. p 11
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 09-248
(Executive Order of Suspension)
WHEREAS, Michelle Spence -Jones, is presently serving as City Commissioner for the City of
Miami; and
WHEREAS, on November 12, 2009, an arrest warrant was issued in the Eleventh Judicial
Circuit, Miami -Dade, County, Florida, charging Michelle Spence -Jones with Grand Th6ft, second
degree, in violation of section 812.014(2)(b), Florida Statues; and
WHEREAS, a violation of section 812,014(2)(b) constitutes a felony of the second degree; and
WHEREAS, section 112.51, Florida Statutes provides that the Governor may suspend from
office "any elected municipal officer arrested for a felony or for a misdemeanor related to the duties of
office.. , "
WHEREAS, it is in the best interests of the residents of the City of Miami, and the citizens of
the State of Florida, that Michelle Spence -Jones be immediately suspended from the public office,
which she now holds, upon the grounds set forth in this executive order;
NOW, THEREFORE, 1, CHARLIE CRIST, Governor of Florida, pursuant to section
112.51, Florida Statues, find as follows:
A. Michelle Spence -Jones is, and at all times material was, City Commissioner, City of
Miami, Florida.
B. The office of City Commissioner for the City of Miami, Florida, is within the purview
of the suspension powers of the Govenior, pursuant to Section 112.51(2), Florida Statutes.
C. The attached arrest warrant and affidavit alleges that Michelle Spence -Jones committed
acts in violation of the Laws of the United States, This suspension is predicated upon the attached
arrest warrant and affidavit which alleges the commission of felonies, and which alleged conduct
constitutes malfeasance or misfeasance, and is incorporated as if fully set forth in this executive order,
BE.RiG FULLY ADVISED in the premises, and in accordance, with the Constitution and the
laws of the State of Florida, this Executive Order is issued, effective today:
Section 1. Michelle Spence -Jones is suspended from the public office, which she now
holds, to wit: City Commissioner, City of Miami, Florida.
Section 2. Michelle, Spence -Jones is prohibited from performing any official act, duty, or
function of public office; from receiving any pay or allowance; and from being entitled to any of the
emoluments or privileges of public office during the period of this suspension, which period shall be
from today, until a farther Executive Order is issued, or as otherwise provided by law.
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WARRANT TYPE: ARREST WARRANT CASE TYPE: FELONY
AWPS#: 9O01466 RFFJUF. INPICATOR:
COURT CASE NUMBER: DIVISION.,
TO AL.LAND SINGULAR SHER%FFS3 nF THE: STATE OF FLORIDA, 6rZBTIWGs:
YOU ARE HEREBY COMMANDED TO %MMEDIATELY ARREST THE DEFENDANT AND BRING HIM OH
HER BEFORE ME, A JUDGE IN THE 11TH JUDICIAL CIRCUIT OF FLORIDA, TO BE DEALT
WITH ACCORDIN8 TO L.AW:
^��FENDANT,G NAM�� SPENC�-J�N�S MIOHEL1.G
. I -AST FIRST MIDDLE T7
AKA (B>:
STK/APT/CZTY/ST/ZTP'c 829 NW 55 STREET / / MTAMT ' / PL/ 33127
DOB.' 08/02/1967 RACE; 9 SEX: F HEIGHT: WEIGHT: HAIR: FILK EYES: BRO
Su: SEC #m CIN 4. SID 41 t PB% #:
SCARS, MARKS, TATTODS: IDS #» 2371842
FIRIVERS t.ICENSE #: im wilimmill 11111 STATE: FL
VEH TAG # STATE: FL MAKE,. MODEL: YEAR: COLOR:
COMMFN7S:
PROBATlON»
BEFORE ME PERSONALLY CAME PTFLDER~ ROBERT (AFFIANT) WHO, BEING DULY
SWORN, STATES THAT THE DEFENDANT ** SPENCE-,JONES, MXCHEL.LE **, DID COMMIT THE
ACTS BTATEI] IN THE ATTACHED STATEMENT OF PACTB" BASED UPON THIS SWORN STATEMENT
OF FACTBv I FIND PROBABLE CAL/SE THAT ** SPENCE-JONES, MICHE|-LE DID COMMIT
THE CRIME(S) OF:
'''^ `''`^'~'`~' ~' ' ���'�
F 2 812.014(2)(B) GRAND THEFT 2ND DE8/2OK)<1O8K��»°}�~ '
IN DADE COUNTY, FLORIDA, CONTRARY TO FLORIDA STATUTES AND AGAINST THE PEACE AND
DIGNITY OF THE STATE. OF FLORIDA, .
POLICE CASE #: AGENCY; OFFICE OF THE STATE ATT
ASSISTANT' STATE ATTORNEY: SCRUGGB, RICH4RP UNIT: 064
EXTRADITE INFORHAT113N
EXTRADITION CnDE: I - FELONY - FULL EXTRADITION UNLESS OTHERWISE NOTED IN MIS FIEL.
EXTRADITION MAY BE CONFIRMED WITH THE METRQ-DAD�.� POLICE DEPARTMENT, DADE COUNTY
** IN ANY EVENT, DEFENDANT WILL. BE ARRESTED IF FOUND IN THE STATE OF FLORIDA **
COURT %D 056- 206
~0
1,30 0 'IFRE DAY OF
A
A-T
z/TM JUDICIAL CIRCWIT IN AND FOR DADE COUNTY FLA BOND AMOUNT
>
FIRST APPEARANCE JUDGE MAY NOT MODIFY COtbITION OF RELEASE
(RULE 3.131(D) (I) (D))
( TO ANSWER UNTO THE STATE OF FLORIDA ON AN INFORMATION OR INDICTMENT
FILED AGAINST HIM OR HER BY THE STATE ATTORNEY FOR THE CHAR8P(S) OF,
( > UPON ORDER OF A JUDGE IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA FOR
F-AIL1/RE TO APPEAR IN COURT TO AN,9W�H THE PENOING CHARGE(9) FOR THE
CHARGE(S) OF: '
HARVEY Ri/VtN, CLERK OF THE COURT
BY _
Your affiant, Robert Fielder, a State Attorney Investigator with the
Office of the State Attorney for the Eleventh Judicial Circuit, who being first
duty sworn, deposes and states as follows:
Your Affiant is a State Attorney Investigator assigned to conduct
public corruption investigations. I have held this position since April, 2003.
During the past 6 Y2 years, I have conducted numerous public corruption
investigations which have resulted in the arrests and convictions of dozens
of defendants. Prior to that time, I was a police officer with the City of
Miami Police Department for twenty-nine (29) years. From 1986to,2003,1
was detached to Federal authorities, including the United States Attorney's
office and the Drug Enforcement Administration, and was responsible for
conducting complex criminal investigations involving police corruption,
public corruption and narcotics trafficking.
Since 2007 your affiant has conducted a joint investigation with the
Miami -Dade Police Department into alleged corruption and grand theft by
City of Miami Commissioner MICHELLE SPENCE-JONES. Since that time, I
have personally interviewed numerous witnesses and I have reviewed and
analyzed hundreds of documents, including the records of the Miami -Dade
Action Plan Trust, correspondence and emalls concerning relevant events,
and banking records, I am also aware of information produced by the
Detectives assigned to the Public Corruption Investigation Bureau (PCIB) of
the Miami -Dade Police Department. Based upon the foregoing, your
Afflant has probable cause to believe that MICHELLE SPENCE-JONES has
committed the crime of 2nd Degree Grand Theft in violation of Florida
Statute 812.014(2)(b).
2. On September 23, 2004, at a Budget Meeting of the Miami -Dade County
Commission, Chairperson Barbara Carey -Shuler directed the Miami -
Dade Action Plan Trust (MMAP), a quasi -public agency, to reprogram
and distribute county funds as grants to several groups including: (1)
Timbuktu Marketplace, (2) Osun Village, and (3) Friends of MLK, Inc. The
exact dollars amounts for these grants would be decided at a later date.
3, On November 8, 2004, the Board of Directors of MMAP voted to follow
the directions of Chairperson Carey -Shuler and allocated funds for the
following grants:
• Timbuktu Marketplace $25,000
® Osun Village $25,000
• Friends of MLK, Inc. $25,OOD
4. Timbuktu Marketplace is the creation of local artist, Marvin Weeks, and
is a concept to provide a gallery where African-American artists could
display and sell their artwork. In the latter half of 2004 and early 2005,
Mr. Weeks had an oral agreement with MICHELLE SPENCE-JONES to
Jointly open a caf6 and artist space on N,W. 11h Avenue in Miami, Florida
5, Osun Village is the concept of architects Harlan Woodard and Nathaniel
Styles to redevelop and renovate a portion of 7th Avenue in Miami.
Their plan would renovate storefronts between 54th Street and 62nd
Street on N.W. 7'h Avenue in an afro -centric style as part of a plan to
revitalize this area. Osun Village itself does not exist as a legal entity
with a bank account, instead any funds directed to Osun Village would
go to Community Builders Holistic Development Corporation, which is
the corporation of Styles and Woodard.
[21
6. Friends of MLK, Inc. is a non-profit corporation headed by Reverend
Gaston Smith with the stated purpose of continuing the legacy of Martin
Luther King, Jr. by assisting citizens in Liberty City.
7. Between the dates of September 2004 and August 2005, MICHELLE
SPENCE-JONES was employed by the City of Miami as an Aide to the
Mayor. Her responsibilities included managing the City office of Film,
Arts, Culture and Entertainment,
8. The officials at MMAP, including Contracts Officer Williams Simmons,
were unsure how to distribute the funds to Timbuktu Marketplace, Osun
Village, and Friends of MLK, Inc. The usual process was for a potential
grant recipient to apply to and make a presentation to MMAPS staff
and Board of Director's stating why they needed public funds and what
was to be accomplished with these funds. However, with the grants to
the three entities at issue, MMAP officials did not know who to contact
and who would sign the necessary documents before the grant funds
could be distributed.
9. Sometime in November or December 2004, MICHELLE SPENCE-JONES
contacted MMAP Contracts Officer William Simmons and told him that
she would be the contact person for the three grants at Issue. Although
this process was highly unusual and unprecedented, Mr.* Simmons
decided to go along with SPENCE-JONES' directions because he was
aware of her close relationship with Chairperson Carey -Shuler and he
was afraid of adverse employment actions if he failed to cooperate.
10. On December 15, 2004, Karym Ventures, Inc. was incorporated as a for-
profit corporation with its directors and officers consisting of MICHELLE
SPENCE-JONES and members of her immediate family.
11. On or about January 4th, 2005, MICHELLE SPENCE-JONES spoke once
again to Williams Simmons and told him that the grant funds for
[3)
I Km�
Timbuktu Marketplace and Osun Village should be redirected to Karym
Ventures, Inc. for it Cafe Soul project which would be located at 4905
N.W. 71h Avenue. She also told Simmons that the Reverend Gaston
Smith would likely be the principal of Friends of MLK, Inc. and the
person who would sign for and receive the grant funds.
12. William Simmons wanted some proof that the intended grant
recipients, Timbuktu Marketplace and Osum Village agreed to the
redisignation of Karym Ventures, Inc, as the new grant recipient. To
satisfy Mr. Simmons request, MICHELLE SPENCE-JONES obtained two
letters which were submitted to MMAP. SPENCE-JONES asked her
"business partner" Marvin Weeks to write her a letter in support of her
CaM Soul project, He wrote this letter never stating and never intending
that SPENCE-JONES and Karym Ventures, Inc. would receive grant funds
intended for him. He was aware that he was to receive grant funds from
MMAP; however, he didn't realize that SPENCE-JONES had actually
taken his grant until the summer of 2005. (See Attachment 1)
13. The second letter that MICHELLE SPENCE-JONES provided to MMAP was
an unsigned letter from Community Builders Holistic Development
Corporation Association, the corporation of Nathaniel Styles and Harlan
Woodard. This letter purported to support the SPENCE-JONES' Cafd
Soul project. However, even though it was on their corporation's
letterhead, Mr. Styles and Mr. Woodard never saw the letter, did not
sign it, and never authorized anyone to write a letter on their behalf. In
fact, Mr. Woodard, when shown the letter for the first time by your
Afflant, exclaimed that "We are victims of identity, theft!" (See
Attachment 2)
.14. Even with the two letters discussed above, MMAP official Simmons still
wanted verification from Chairperson Carey -Shuler that she approved of
this unprecedented redirection of grant funds from the intended
recipients to a third party. On or about February 15, 2005, MMAP
[4)
received a letter purportedly from Chairperson Barbara Carey -Shuler on
her official office stationery. This letter, which was faxed to MMAP from
an unknown telephone number, stated that the original intent of the
Chairperson was for MICHELLE SPENCE-JONES and her family
corporation Karym Ventures, Inc, to receive the grant money instead of
Timbuktu Marketplace and Osun Village, Ms. Carey -Shuler has stated
under oath that she did not sign this letter, that a stamp of her signature
was used instead of her actual signature, that she would never sign a
letter like this, that she had never seen or authorized this letter, and
that she never directed MMAP to redirect the funds to SPENCE-JONES.
Furthermore, Ms. Carey -Shuler stated that she had no authority to
reallocate the funds because it would be unlawful for a single
commissioner to reallocate funds without a vote of the full County
Commission. In fact, Ms. Carey -Shuler stated that she was "shocked"
that MICHELLE SPENCE-JONES had gotten the funds instead of the
intended recipients, (See Attachment 3)
is. As for the $25,000 grant to Friends of MLK, Inc., MICHELLE SPENCE-
JONES arranged for Reverend Gaston Smith to be the. contracting
principal and recipient of the funds. On July 17, 2005, MMAP and Miami -
Dade County wrote a check to Friends of MLK, Inc for $25,000.
Reverend Gaston Smith stole a portion of these funds and is presently
awaiting trial as a defendant in a separate case, MICHELLE SPENCE-
JONES received $9000 of these funds as an alleged "consultant" to
Friends of MLK, Inc.
16. On or about April 8, 2005, Miami -Dade County issued a check to Karym
Ventures, Inc. for $50,000 which was the total amount of the two grants
intended for Timbuktu Marketplace and Osun Village.
17. The contract between MMAP, on behalf of Miami -Dade County, and
Karym Ventures, which was signed by Kenneth Spence, the brother of
MICHELLE SPENCE-JONES, specifically required that the County's
$50,000 grant be placed into a separate bank account and not
comingled with funds from any other source. This is a standard
provision in county grants and loans so that auditors can later verify that
the county funds were used for the intended purpose. MICHELLE
SPENCE-JONES and her brother immediately violated the prohibition
against co -mingling fund by depositing the $50,000 check into a bank
account with fund from other sources. Between April 2005 and
September 2005, Karym Venture's bank account included in addition to
the aforementioned $50,000, additional grant funds from Miami -Dade
County for the Cafe' Soul project in the amount $25,000, "consulting"
fees from Friends of MLK, Inc in the amount of $8,000, a "finders fee"
from a client of MICHELLE SPENCE-JONES in the amount of $3000, and a
few small cash deposits totaling less than $1000, and an additional
running balance of approximately $2000. Therefore, during the relevant
time period of April to September 2005, MICHELLE SPENCE-JONES and
her family, through their corporation Karym Ventures, Inc, had co -
mingled funds In the amount of approximately $89,000. It is important
to note that $83,000 from the total amount of funds came from county
services (le, the $50,000 grant from MMAP, the $25,000 additional grant
for Cafd' Soul from Miami -Dade County, and $8000 from the MMAP
grant to Friends of MLK, Inc,). By September 23, 2005, Karym Ventures
bank account had a balance of $728.82
18. The $89,000 (with $83,000 derived from Miami -Dade County funds)
was spent as follows:
- MICHELLE SPENCE-JONES: $12,408.00
- Kenneth Spence: $9569.00
[6]
- t f0q
1l 2
- Yvonne Lowe (mother of MICHELLE SPENCE-JONES):
$3175.00
- American Express, $10,279.71 (credit card charges by
MICHELLE SPENCE-JONES and Kenneth Spence
included air travel, hotels, restaurants, pet care,
footwear, gasoline, groceries, satellite television,
clothing and automobile repair).
- Expenses related to the Caf6' Soul project:
approximately $54,000.00
Based on the foregoing evidence, your affiant has probable cause to
believe that defendant MICHELLE SPENCE-JONES committed the crime
of 2nd Degree Grand Theft, in violation of 812.014(2)(b).
Robert Fielder, Affiant
Investigator For the
Office of the State Attorney
for the 11th Judicial Circuit
Sworn and subscribed before me this arof November, 2009.
Circuit Court Judge
11'h Judicial Circuit of Florida
&�r7rc,IC,�;F /17, &khkO
[71
4256 NW 7`b Ave.
Miami, ii E. 33127
January 3, 2005
Michelle Jones
Karya Ventures/ Cafe 'Soul
Ms. Jones this letter is to confirm the support and coliaboratiora of Ti=buktu Marketplace
with.the Caf6 Soul Demonstration project. Timbuktu is excited .about working with Karyn
Ventures in providing a brand with a planned business concept_ Our (partnership to develop a
focus area along the 71h Avenue corridor as an arts and entertabament venue will strengthen the
economical stability of Cafe Soul and the surrounding community.
Timbuktu has agreed to work with Cafe Soul in creating a cleairinghouse for national and
international artist from the African Diaspora. This opportunity will provide our business an
unprecedented ability to tap into the regional markets. Timbuketu will; work with Ray-yu
Ventures to identify and develop liable and working space. Sourth Florida has;
Emerged as a leader in the world of arts and entertainruent the acollahcziration of this effor a
Enhance our ability for success.
Sincerely,
Marvin Weeks
Timbmktu Market
ATTACHMENT 2
g,
communng Buum Hasuc ecof glopmerot 'aro w"
January 10, 2005
Mrs. Michelle Spence Jones
Caf6 Soul
Miami, FL 33127
Re, Osun's Village
Dear Michelle,
We are very pleased that you have identified a location for your "C66 Soul" concept in
Liberty City, and welcome you to our growing business community. As you are aware, we
are diligently dovDloping the Osun's Village Development that will span from 54,4-58d'
Street on Northwest 70` Avenue. Your "C66 Soul" initiative fits within the proposed
African Caribbean Cultural Corridor and its design through KDUArehitecture, Inc. will
reflect the proposed design standards for the corridor.
As we develop the corridor we look forward to oollaborating With your corporation to
develop innovative initiatives that stimulate business growth and development in this under-
served and economically distressed urban corridor. Once again, we welcome you to the
community and look forward to working with you on this your most recent project and
others to come in the very near future..
5607 NW Th Ave, Miami, Florida 33727
tel: 305.759.7700 or 786-344.7153 fax: 305.759.7200
cbu!I_dhdc(a,aoI.com
Im
' : '.. .`.' 14a
,
DR. BARBARA CAREY-SHULER
BOARD OF COUNTY COMMISSIONERS
COMMISSIONER, DISTRICT 3
Febniary 15, 2005
E
i
Mc. John T, Jones, Chairman
t Metro -Miami Action Flan Trust
19 Nest Flagler Street, M-105
Miami, FL 33130
Dear Mr. Jones:
Re: Karym Ventures, Inc., d/b/a C2f6 Soul
This letter serves as clarification of my intpt regarding the funding allocations of
525,000 to Timbuktu Marketplace, Inc. and 125,000 to Osun's Village placed in the
September 2004 budget.
The Metro -Miami Action Plan Trust should release the 550,000 to Yaryrn Ventures, Inc.,
the company overseeing the development of Cafe Soul --a commercial development
prrojeet that includes Timbuktu Marketplace and is part of the overall Osun's Village
project (see attachments).,
Please do not hesitate to call if additional information is necessary.
Thank you for your assistance with this matter.
Si
94a
Barbara Carey -Shuler, Ed.D.
County Commissioner, District 3
Attachments
p.l
STMEN P CLARK UNTER • 10 W.W. FIRST STREET - SUITE 720 • MIAMI, FIDRIDA 33128.7963 • (3051 ;175-5343 ® FAX (JOS) 372-610A