By Dan Christensen, BrowardBulldog.org
Before he was governor, Rick Scott, left, funneled stock options worth $375,000 to then Broward Sheriff Ken Jenne
Kimberly Kisslan’s sudden resignation from Broward Health’s governing board two weeks ago followed news of her immunized testimony in the 2007 corruption case that brought down Broward Sheriff Ken Jenne.
Since then, Gov. Rick Scott, who appointed Kisslan in July, has refused to answer questions about the matter or explain why a state background check failed to uncover Kisslan’s involvement in Jenne’s criminal scheme. Kisslan was BSO legal counsel under Sheriff Jenne.
Scott, however, has a little-known reason for not wanting to talk about Jenne. The governor and the convicted felon are old friends and business associates.
“I’ve just known (Scott) for years and years and years,” Jenne told this reporter in 2005.
Scott was a wealthy private investor in April 2003 when he funneled hundreds of thousands of dollars Sheriff Jenne’s way by recommending him for a lucrative seat on the board of directors of CyberGuard, a Deerfield Beach computer security company. At the time, Scott owned nearly 40 percent of CyberGuard’s stock.
Less than three years later, California-based Secure Computing bought CyberGuard for $295 million in stock and cash. Cyberguard’s annual report made public a few weeks after the announcement listed Jenne as the beneficial owner of 42,555 CyberGuard shares valued at $375,000 under the terms of the deal.
Jenne acquired most, if not all of those shares via stock options he received for serving on CyberGuard’s board.
CyberGuard’s core business was building and selling digital firewalls to shield computer networks from intruders. Its “target customers,” according to U.S. Securities and Exchange Commission records, were “companies, major financial institutions and government entities.” Cyberguard did not identify specific clients.
Why Scott wanted Jenne on CyberGuard’s board is not known, and neither the governor nor Jenne would comment for this story. Jenne, who went to prison for mail fraud and not disclosing benefits he received from BSO vendors on his income tax returns, previously said CyberGuard was not a BSO vendor.
SCOTT BUYS A STAKE
Richard L. Scott, as the governor was known before he ran for office, made his initial investment in Cyberguard in August 1999 via Fernwood Partners II, which acquired $3.7 million in company debt, according to SEC and other records. Fernwood was a Delaware firm that bought, sold and invested in the stock and debt of other companies. Scott and his wife, Annette, were major equity shareholders in Fernwood.
As part of the deal, CyberGuard added Scott’s brother, William Scott, and former Columbia/HCA Healthcare executive David Manning to its board of directors. Gov. Scott was Columbia/HCA’s chief executive until 1997 when he resigned amid a federal Medicare fraud investigation.
Fernwood went on to acquire nearly 50 percent of CyberGuard before it was dissolved and its holdings distributed to its members in March 2003, SEC records say.
With that, Scott became CyberGuard’s largest individual shareholder. By August 2005, when Secure Computing announced it would acquire all of Cyberguard’s shares, Scott owned 8,249,597 shares worth $72,356,000 in cash and Secure Computing shares, according to SEC records.
Scott’s total investment in Cyberguard: about $10 million, the records indicate.
“When I initially made my investments in Cyberguard, I felt Cyberguard had superior products in the firewall industry,” Scott said in the press release that announced approval of the takeover by Cyberguard’s shareholders. “What was accomplished over the last five years is a testament to the management team we put in place and their commitment and focus.”
Scott kept nearly 4 million Secure shares when he joined Secure’s board after the transaction was completed in January 2006. He was briefly chairman before computer giant McAfee bought Secure in a $462 million cash deal in 2008. Scott walked away with $23 million.
INVESTMENT PARTNER RUNS SCOTT’S ‘BLIND TRUST’
SEC records identify Scott crony Alan L. Bazaar as another member of Fernwood Partners in the CyberGuard investment.
For a decade before Scott was elected governor, Bazaar helped manage his portfolio at the better-known Richard L. Scott Investments LLC. Today, as co-CEO of New York’s Hollow Brook Wealth Management, Bazaar oversees the “blind trust” established by the governor in 2011 to avoid conflicts of interest and manage much of his large personal investment portfolio.
Lobbyist William Rubin with Gov. Rick Scott Photo: Tampa Bay Times
Serving with Scott and Jenne on Cyberguard’s board was Fort Lauderdale lobbyist William D. Rubin, a longtime friend and political supporter of both men. Rubin was listed in SEC records as having 58,000 CyberGuard shares worth $510,000 in cash and stock.
In 2003, while together on CyberGuard’s board, Sheriff Jenne made Rubin an “honorary deputy sheriff.” He also bestowed a BSO “Friend of Children Award” on a lobbyist in Rubin’s firm, Noreen Reboso.
The Tampa Bay Times quoted Rubin about his friendship with Scott on the day of Scott’s election in November 2010.
“I got to know Rick in 1991 when he started his hospital company, and we’ve stayed close ever since. I love him,” said Rubin, who in 2009 lobbied in Tallahassee on behalf of Solantic, Scott’s walk-in clinic company. “He’s a very good friend. We’ve stayed in touch ever since.”
Rubin added that he would not benefit from Scott being in the Governor’s office. “I won’t be. I’ll quickly dispel that perception.”
Nevertheless, Rubin is today registered to lobby Scott and the Executive Branch on behalf of nearly 60 corporate and government clients, including Scott’s old firm, now called HCA Healthcare, and BSO under Sheriff Scott Israel.
Rubin did not respond to a request for comment.
Knowledgeable sources have said privately that they believe Rubin and/or Jenne prevailed upon Scott to appoint Sunrise City Attorney Kimberly Kisslan to the board of the North Broward Hospital District, also known as Broward Health, but there is no evidence to support it.
KISSLAN RESIGNATION TRIGGERS QUESTIONS
Kisslan resigned Oct. 18 – three months into her four-year term and two days after BrowardBulldog.org reported about her grand jury appearance under a grant of immunity.
Kisslan got into trouble with federal prosecutors due to personal legal work she did for Jenne while he was sheriff. Specifically, she and a BSO vendor coordinated the demolition of an old house with code compliance issues that Jenne owned in Lake Worth.
At the same time, Kisslan was negotiating a BSO lease extension with the vendor – quickly signed by Jenne – that called for the police agency to lease additional office space from him at a cost of $348,000.
The vendor, developer Philip Procacci, later paid the $8,130 demolition cost for Jenne and the matter became part of the corruption charges to which the sheriff pleaded guilty in September 2007.
Kisslan’s role in Jenne’s scheme is spelled out in public court documents filed at the time of his plea. Yet despite a background check, Gov. Scott was unaware of that damaging information when he installed Kisslan on Broward Health’s board, said spokesman John Tupps.
The governor’s office declined to discuss the vetting process for gubernatorial appointees.
There is, however, an intriguing Broward connection inside Scott’s Executive Appointments Office that dovetails back to both Jenne and Rubin.
Former Fort Lauderdale resident Carrie O’Rourke is the governor’s $116,000-a-year Director of External Affairs. Her duties include oversight of gubernatorial appointments.
From 2007-2009, O’Rourke was director of organizational development in Fort Lauderdale for Edify, LLC. That’s the health benefits consulting firm whose owners included convicted Ponzi schemer Scott Rothstein.
Jenne worked at Rothstein’s law firm after his release from prison in 2008. And in September 2009, New Times reported that Edify paid Jenne’s son, former State Rep. Evan Jenne, $30,000 as a consultant.
As finance director for Scott’s inaugural committee, O’Rourke worked with Rubin and his lobbying firm, The Rubin Group, to select candidates for the governor’s transition healthcare team.
In December 2011, as the governor’s deputy chief of staff, O’Rourke traveled to Israel with Rubin and his wife Lys as part of a 48-member trade mission delegation led by Gov. Scott, according to Sunshine State News.
By Dan Christensen, BrowardBulldog.org
Gov. Rick Scott
Gov. Rick Scott’s office says it vetted Sunrise City Attorney Kimberly Kisslan before her recent appointment to the governing board of Broward Health, yet failed to uncover damaging information that led to her abrupt resignation last Friday amid an inquiry.
The governor’s office, however, has refused to explain that breakdown in the appointment process or say what steps, if any, were taken to ensure that such a lapse would not reoccur.
“In this case, either the vetting process was inadequate in design and execution or the appointee deliberately failed to disclose relevant information, or both,” said Anthony V. Alfieri, director of the University of Miami School of Law’s Center for Ethics and Public Service.
Said John Tupps, a spokesman for Gov. Scott, “Our office conducts appropriate back-grounding on all applicants.”
Kisslan was the sheriff’s legal counsel under Broward Sheriff Ken Jenne. Jenne went to prison in late 2007 after pleading guilty to federal corruption-related charges of mail fraud and filing false income tax returns.
While working for BSO, Kisslan did personal legal work for Jenne that later became a focus of the criminal investigation. On May 1, 2007, she testified under a grant of immunity before a grand jury after apparently invoking her Fifth Amendment privilege against self-incrimination.
While Kisslan’s testimony is secret, her role in Jenne’s scheme is a matter of public record in court papers that explain the factual basis for Jenne’s guilty plea.
Kimberly Kisslan as BSO general counsel in 2007. Photo: BSO
One document signed by Jenne, his lawyers and prosecutors says Kisslan helped Jenne to coordinate with a BSO vendor to obtain the demolition of a house with code compliance issues that Jenne owned in Lake Worth. Philip Procacci, a developer who leased office space to BSO, later paid $8,130 to have the house demolished. Jenne never reported the payment on his income tax return.
Kisslan and Procacci appeared on Jenne’s behalf before the Lake Worth Code Enforcement Board on June 28, 2001. Kisslan later wrote the sheriff a memo about it, but “deliberately” didn’t use BSO letterhead because she knew it was personal work for Jenne, the document says
As Kisslan and Procacci were arranging for the demolition, Procacci and Kisslan also were negotiating an amendment to a BSO lease with Procacci for space in a Plantation building.
Sheriff Jenne signed the deal committing BSO to lease an additional 5,000 square feet of space for five years – at an added cost of $348,000 – two days after Kisslan and Procacci appeared on his behalf before the code enforcement board.
In addition to negotiating the lease deal, Kisslan witnessed Jenne’s signature, the document says.
Kisslan did not respond to requests for comment on the matter.
An important duty of the governor is to appoint leaders to an array of government jobs – from a vacant judgeship or seat on a county commission to board members who serve on housing authorities, planning and service councils and hospital and water districts.
The governor’s appointments office supports Scott in his “major obligation to appoint qualified, representative and appropriate people.”
Requests to speak with Scott and Carrie O’Rouke, who oversees appointments as the Director of External Affairs, were declined by the governor’s office.
Individuals who have applied for and obtained appointments under Scott describe a process that is not necessarily uniform.
Gov. Scott interviews some applicants personally. Others he does not. The Florida Department of Law Enforcement conducts background checks if requested.
Applicants for a gubernatorial appointment are asked to complete under oath an eight-page questionnaire. Among the 30 questions: Have you ever been “arrested, charged or indicted” or “has probable cause ever been found that you were in violation of the Code of Ethics for Public Officers and Employees?”
No follow up questions seek to explore the subject further.
Kisslan answered “no” to both questions on her questionnaire.
By Dan Christensen, BrowardBulldog.org
BSO’s Ron Cochran Public Safety Complex
Photo: WPLG-Local 10
Broward Sheriff Scott Israel has named incumbent and low-bidder Coventry Health Care of Florida as his choice to provide group medical insurance to BSO’s 5,800 employees – a contract worth more than $355 million over the next five years.
Israel directed BSO staff to enter into contract negotiations with Coventry on Friday after receiving rankings from an internal selection committee “and input from our labor union partners,” according to sheriff’s General Counsel Ron Gunzburger.
The Coventry deal marks the second large contract the sheriff has handed down in as many months.
In August, the sheriff chose Miami-based Armor Correctional Health Services to provide healthcare services to inmates at the Broward County Jail at a cost of about $143.6 million over five years. Unlike Coventry, Armor was not the low bidder.
Israel’s selection of Armor, and now Coventry, were big wins for those companies. But the sheriff’s choices also delivered huge victories to Fort Lauderdale lobbyist, William Rubin, who Israel hired in February for $7,000-a-month to lobby for him at Broward County.
Fort Lauderdale lobbyist William Rubin
The reason: Rubin’s other lobbying clients include Armor and Coventry.
Sheriff’s officials previously have said those conflicting relationships would nonetheless have no impact on the sheriff’s decision-making.
“It was made very clear that (Rubin and his firm) could not play any role in lobbying BSO on behalf of any of their other clients,” Gunzburger told BrowardBulldog.org after Rubin was hired.
Coventry’s bid proposed that BSO pay an annual premium of $71 million for medical and prescription drug coverage in 2014. That was $8.6 million less than that of its closest competitor, Humana Health Insurance. Cigna bid $80.2 million; United Healthcare bid $82.5 million.
Coventry’s bid is about $1 million less than it currently charges, according to BSO.
Coventry has provided group medical benefits to BSO employees for 20 years under different names. HIP Health plan, which won the bid in 1993 under Sheriff Nick Navarro, merged in 2000 with other health benefit companies and became VISTA Healthplan. In 2007, VISTA was bought by Coventry, a Maryland-based firm with an office in Sunrise.
On May 7, Coventry was acquired by insurance giant Aetna in a deal valued at $8.7 billion when it closed, according to the Bloomberg news service.
“Coventry continues to be focused on helping BSO manage their dollars, enabling a sustainable, long-term benefits program,” Coventry Florida Chief Executive Christopher Ciano told Israel in a July 8 bid cover letter.
The contract to be negotiated with Coventry is for three years with two one-year renewal periods upon mutual agreement.
In the past, BSO asked bidding companies to provide specific dollar bids for each year of a proposal. Under Israel, bidders have been told to submit only one-year prices.
Without specific annual pricing, cost comparisons over the life of the contract are difficult. The final cost of such contracts is further obscured because, as a BSO spokesman has said, “the entire contract, including the contract amount, is subject to negotiation.”
Further clouding the ultimate amount BSO will pay are two alternative proposals that Coventry included in its bid proposal that will now be negotiated.
Those plans, featuring higher coverage levels for prescription drugs, would raise BSO’s annual cost more than $3 million to between $74.4 million and $74.8 million. The plans would lower “co-payments and deductibles to go toward maximum out-of-pocket enhancement.”
By Dan Christensen, BrowardBulldog.org
Scott Israel at his swearing in ceremony in January Photo: CBS4
Online state records that listed Broward Sheriff Scott Israel as a “principal” in a Weston private investigations firm, Talon/G6 Services, were altered last week to delete the sheriff’s name.
This week, the sheriff’s lawyer announced that Israel would amend his recently filed financial disclosure form after it was disclosed the sheriff had underreported how much money he was paid last year by a Fort Lauderdale private security company, Cambridge Security Services.
The changes follow inquiries about Israel’s business affairs by BrowardBulldog.org.
The Florida Division of Licensing removed Israel’s name from its records about Talon/G6 after deciding to accept a signed resignation letter from Israel that it had rejected only months before as inadequate, according to Division spokeswoman Erin Gillespie.
In the letter, dated April 20, 2011, Israel resigned as Talon/G6’s president and relinquished all ownership in corporate stock. The letter, however, was not received at the Division until last October, just a few weeks before Israel was elected.
The Division replied to Israel that proof – a notarized letter or corporate minutes reflecting the change – was required before Israel’s name would be dropped from its records, but no response was ever received, said Gillespie.
Israel remained listed as a principal of Talon/G6 until last week when the Division’s new chief of its Bureau of License Issuance, Stuart Scott, informed staff that Israel’s letter was now considered sufficient because a check of the state’s Division of Corporations website showed that Israel was no longer listed as company officer there.
Gillespie said the situation had not arisen before. She said Scott, who has been reviewing policies and procedures, made the change because he thought the Division’s old notification rule was “too bureaucratic.”
ISRAEL DISCLOSES HIS TAX RETURNS
The outside business ties of Broward’s elected officials, particularly the sheriff, have been a matter of keen public interest since 2005 when news of then-Sheriff Ken Jenne’s private business dealings touched off a federal investigation that landed Jenne in prison.
Sensitive to that, Sheriff Israel provided BrowardBulldog.org with copies of his federal income tax returns for 2011 and 2012. They show that in 2011 he claimed a passive loss of $8,200 on his investment in Talon/G6, an indication he indeed sold his stake that year.
But the sheriff’s 2012 tax return also revealed that Israel underreported his income on his signed and notarized Full and Public Disclosure of Financial Interest form filed with Florida’s Commission on Ethics on June 27.
Israel reported on the form that “Cambridge Securities,” 5100 N. Federal Highway, Fort Lauderdale, paid him $13,350 last year. The company, however, does not deal in stocks and bonds. Its actual name is Cambridge Security Services and it provides security guards and intelligence consulting.
Israel’s 1040 form states that Cambridge Security Services really paid him $27,000 in 2012 for his services as a “security executive.”
BSO general counsel Ron Gunzburger, the sheriff’s lawyer, called those discrepancies a “scrivener’s error” and said “the sheriff will be filing an amended (disclosure) form.”
Still, Israel’s public resume and his Facebook page recount his professional experience, including Talon/G6, but do not mention Cambridge Security.
At Talon/G6, Israel’s partner was James Scarberry, a former Hollywood police chief. Scarberry gained notoriety in 2007 after federal prosecutors said they were forced prematurely to shut down a two-year FBI undercover investigation of police corruption in Hollywood after Scarberry leaked word of the probe to the mayor, city manager and at least a half-dozen others.
“We were betrayed by the police chief,” retired FBI agent Jack Garcia told Miami Herald columnist Fred Grimm in 2008.
NEW STOCKHOLDER TIED TO JENNE SCANDAL
Who bought Israel’s Talon/G6 shares?
According to Scarberry, it was a former BSO vendor with unsavory ties to ex-sheriff Ken Jenne.
“He sold his interest to Lewis Nadel,” said Scarberry, who remains with Talon/G6. Asked how much Nadel paid, Scarberry said, “I don’t want to discuss it with you.”
Nadel, vice president of Talon/G6, was a central player in the corruption case that led to Sheriff Jenne’s downfall six years ago.
Nadel was then president of Innovative Surveillance Technology, a company that had sold over $250,000 worth of equipment to BSO between 2003 and 2005. He also owned an eponymous consulting and training company for law enforcement agencies.
According to the charges to which Jenne pleaded guilty, Jenne provided Nadel with access to off-duty sheriffs deputies that Nadel would hire to do work for his companies. In exchange for that access, Nadel paid a total of $5,500 to Jenne’s executive assistant – money that ended up in Jenne’s bank account, prosecutors said.
Asked about the sheriff’s Talon/G6 stock sale, Gunzburger put distance between the sheriff and Nadel.
“The sheriff sold his shares directly back to the corporation in April 2011” for $5,000, Gunzburger said. “The corporation subsequently sold at least some of those shares to Mr. Nadel. But there was not any direct transfer/sale of shares, nor any exchange of money between Mr. Nadel and the sheriff.
While Scarberry, Gunzburger and Nadel himself all said that Nadel owns a piece of Talon/G6, his status is not reflected in state records. The Division of Licensing only shows that Nadel currently holds a license as a private investigator intern. Gillespie said the company has been asked “to file the appropriate information.”
A stock purchase agreement filed with the state says that a Pompano company called Tecwatch paid $5,000 for 50 percent of Talon/G’s stock on the same day Israel signed his letter of resignation.
Tecwatch’s lone corporate officer, director Thomas Strok, signed that agreement. Strok and Nadel are longtime co-directors of the South Florida Crime Commission, a nonprofit that does good deeds for law enforcement agencies.
Strok did not return messages seeking comment.
Nadel confirmed that he owns part of Talon/G6, but not via Tecwatch. He added that his friend’s investment was intended to help Israel by taking the company off his hands.
“Tom owns Tecwatch. I have nothing to do with Tecwatch,” said Nadel. “Tecwatch assumed (Israel’s) points so he could run for sheriff.”
By Dan Christensen, BrowardBulldog.org
Broward Sheriff’s Homicide Detective Jeffrey Kogan Photo: A&E Network
A Broward Sheriff’s homicide detective has filed a whistleblower suit alleging that Sheriff Scott Israel and members of his command staff sought to cover up misconduct by a Fort Lauderdale canine officer at an arrest scene.
Jeffrey Kogan, a featured detective on the A&E channel’s police reality show “The First 48,” contends he was ostracized and demoted to road patrol after reporting he saw the dog handler unnecessarily sic the animal on a murder suspect who was in custody and no longer a threat.
Sheriff Israel, a former Fort Lauderdale police officer, is the lone defendant in the nine-page complaint filed July 12 in Broward Circuit Court. He is accused of engaging in or allowing “unlawful retribution and retaliation,” including “verbal abuse, harassment and intimidation for reporting official misconduct and participating in its investigation.”
Kogan is a 12-year BSO veteran and, according to his A&E biography, a homicide detective since 2009. His complaint says his record until now was unblemished.
On April 3, Kogan was investigating the fatal stabbing of 20-year-old Keema Gooding at a home at 3024 NW Eighth Court, in unincorporated Fort Lauderdale. A resident of the home, Walter Hart III, 19, was quickly identified as the prime suspect.
Hours later detectives developed information that Hart was possibly hiding at another residence located within Fort Lauderdale’s city limits. In standard protocol, BSO asked for the assistance of city police, the lawsuit said.
Murder suspect Walter Hart III Photo: BSO
Early the next morning, police arrived and suspect Hart fled out the back door. City officers waiting in the back yard nabbed him.
When Kogan heard Hart was in custody he walked into the back yard accompanied by the unnamed Fort Lauderdale canine officer and another policeman.
The complaint filed by plaintiff’s lawyer Tonja Haddad Coleman says Kogan “observed the suspect sitting on the ground near the rear door with his hands behind his back. He was not resisting any officers or being combative in any way.”
Kogan “then witnessed the FLPD canine officer unnecessarily deploy his canine, who bit the suspect on his right arm,” the complaint says. Kogan immediately reported the incident to his direct supervisor, BSO Sgt. Dave Ellwood, another star of “The First 48”.
Attorney Coleman was not available for comment.
BSO spokeswoman Veda Coleman-Wright said, “Without going into any details regarding the pending litigation, we believe the facts will show BSO acted correctly in this matter.”
A BSO press release at the time said Hart was captured with “the assistance of a Fort Lauderdale police dog.”
Hart’s Fort Lauderdale lawyer, Sidney Fleischman, declined to discuss the extent of his client’s injuries, but did say that Hart was hospitalized because of them.
Fleischman said he was not aware until Wednesday of either the state attorney’s investigation or Kogan’s lawsuit.
Three days after Hart’s arrest, an unidentified assistant state attorney assigned to prosecute Hart for murder contacted Kogan to ask about the charge of resisting arrest that was added to the case. Kogan told him what he’d seen, touching off a probe of the canine officer by the state attorney’s public corruption unit, the complaint says.
On May 7, a Florida Department of Law Enforcement agent working with prosecutors called Kogan seeking a sworn statement. Kogan told his supervisor about the agent’s inquiry.
The next day, Captain Rafael Perez, commander of BSO’s Criminal Investigations Division, asked Kogan about the matter and then told him he would notify Sheriff Israel via the chain of command. He told Kogan to contact his union officials.
On May 30, Kogan was removed from the homicide rotation. He continued to report to work in homicide, but “was prohibited from working cases,” the complaint says.
Kogan was subpoenaed a few days later to appear before prosecutors to give a sworn statement. After that, Perez suggested to Kogan that he might want to put in a request for transfer. Kogan refused.
Broward Sheriff Scott Israel
On June 10, Perez informed Kogan he was being transferred out of homicide. A few minutes later, BSO homicide Sgt. Steve Feeley called Kogan to get the names of the FDLE agent and the prosecutor who were investigating the dog bite incident.
Perez later advised Kogan “to let things blow over about the incident, and that if he did so, at some point in time he might be able to relocate.”
Kogan’s demotion was effective June 25th. The same day Kogan appeared in answer to the subpoena. The complaint says he “reiterated the incident involving the FLPD canine officer, and then told them all of the events regarding the adverse action taken against” him by BSO.
At the same time, the unnamed FDLE agent told Kogan “the sheriff did, in fact, call his superior at FDLE to inquire about this investigation,” the complaint says.
Kogan’s complaint suggests, but does not specifically allege, that Sheriff Israel’s coziness with his former department is behind what happened to him.
Israel “hired countless employees from the Fort Lauderdale Police Department,” the complaint says. It also notes that “several executives of Israel’s command staff” are former city officers.
By Dan Christensen, BrowardBulldog.org
Broward County Jail
UPDATE: Aug. 8 — Broward Sheriff Scott Israel has chosen Miami’s Armor Correctional Health Services for another lucrative term providing medical, dental and other care to the county’s jail inmates despite complaints from the Public Defender’s Office, which represents many of the detainees, that the care is substandard.
Armor’s bid is also more than $13 million higher over five years than that of the low bidder.
“The sheriff has approved the recommendation…This means that BSO will begin negotiations with the top-ranked firm, Armor,” said BSO spokeswoman Keyla Concepcion.
If a contract can’t be reached, an unlikely prospect, negotiations would begin with the second-ranked firm, Corizon, formerly known as Prison Health Services.
If a contract with Armor can be finalized, it will likely cost Broward’s taxpayers about $143.6 million over five years — or $13.6 million more than what Corizon, the low bidder, offered, according to an analysis of bid proposals.
Armor has served as the sheriff’s jail healthcare provider since 2004.
An in-house selection committee recommended Armor to Israel last month. Neither the committee, nor the sheriff, has publicly explained why they preferred Armor’s more costly proposal.
Quality of care is as important as price in evaluating the jail healthcare proposals. Yet BSO’s selection committee also sought no independent local assessment of Armor’s performance from the agency that represents many of Broward’s inmates.
The opinion of the Broward Public Defender’s Office is that Armor’s care at the jail is substandard.
“Of all the jail healthcare providers I have worked with over the last 24 years, perhaps none challenge me in my role as a liaison quite like Armor,” said Shane Gunderson, the public defender’s director of client services, in a memo last month. “Armor practically spits in the face of nearly all common assumptions of what compassionate care in general should be.”
Gunderson serves as an intermediary between Armor’s staff and his office’s client-patients. He was asked to write the memo by Public Defender Howard Finkelstein.
“I thought it was strange that BSO never asked our opinion,” Finkelstein said.
Under Armor, Gunderson wrote, communication between the Public Defender and both Armor and BSO is constrained.
“Since October 2004 when Armor became the BSO jail heath care provider, I have had to follow a highly formal process of letter and email exchanges with no face-to-face contact and very little phone communication with Armor to solve inmate health complaints,” Gunderson wrote. Often, he said, the responses he receives are incomplete or unclear.
Gunderson reported having no contact with the BSO lieutenant in charge of monitoring contract compliance by Armor, but said he does regularly forward him copies of all medical complaints the PD’s office sends to Armor.
Gunderson said inmates contact him “because there has been a breakdown or flaw in the jail sick-call process.” He criticized Armor for insisting that inmates fill out a sick call request form when they should instead call him directly for help.
“Many of our clients are mentally ill and can’t understand written procedures. At jail intake, a client may not remember his or her doctor’s name and medical treatment information,” the memo says.
The six-page memo includes a number of examples of complaints about “poor treatment” by Armor. Several involve inmates who reported problems with their medications.
Problems have happened when Armor sought to substitute a medication that an inmate later refused to take because it made him sicker, the memo says.
“I have seen examples where Armor does not remedy this situation…does not offer an alternative or provide treatment in place of the drug that caused bad side effects,” Gunderson said.
Gunderson cited other kinds of allegedly poor care by Armor, including the improper treatment of inmates who need detox services or who suffer from HIV/AIDS.
“Armor is slow, late and in some cases unwilling to provide dental services, hernia operations and optometry. There are frequent delays involving these types of sick call requests, exams and follow up care,” the memo says.
Gunderson’s boss, Howard Finkelstein, says the underlying problem with the quality of care is the privatization of jail healthcare services, a practice that began in Broward in the early 1980s.
“It’s all about saving dollars,” said Finkelstein. “The only way these healthcare providers make a profit is by not providing services, because almost all of their costs are fixed with the exception of the medical care they provide.”
By Dan Christensen, BrowardBulldog.org
Allen Daniel Hicks died last year as a result of multiple blunders by Armor Correctional Health Services.
A Miami healthcare company looking to renew its multimillion dollar contract to care for Broward’s jail inmates did not disclose in bid documents that it paid an $800,000 wrongful-death settlement earlier this year in Tampa.
Broward Sheriff’s Office procurement rules require bidders to disclose any malpractice cases filed against them or their employees in the past five years, and any pending litigation, judgments and settlements in the past three years.
Armor Correctional Health Services, the top-ranked bidder, sent a June 4 proposal to the BSO that includes a 14-page list of 150 malpractice lawsuits. No mention is made of the horrific case of Allen Daniel Hicks, who spent nearly 36 hours in custody in a Tampa jail without treatment for a stroke that ultimately killed him.
In a cover letter to BSO, Armor Chief Executive Officer Bruce A. Teal sought to downplay that nevertheless lengthy track record. Among other things, he boasted that Armor had “zero (0) settlements in the last three (3) years.”
Hillsborough County Sheriff’s Office (HCSO) and Hillsborough Circuit Court records show Armor and the HCSO jointly agreed in January to pay a total of $1 million to settle claims made by Hicks’ estate. The deal, which included a $200,000 payout by HSCO, was approved Feb. 26 by a probate judge and reported by The Tampa Bay Times on July 6.
Hicks suffered “severe brain damage” while waiting for treatment, according to a Jan. 7 memo by HSCO’s lawyer that summarized a sworn statement by the Tampa General Hospital neurosurgeon who treated Hicks.
A WINDOW MISSED
The “delay in medical care resulted in Mr. Hicks’ death, which could have been avoided had Mr. Hicks been sent to the emergency room within a 4½-hour window from the time his stroke began,” the memo says.
“Dr. (name deleted) was extremely critical of the medical care provided by Armor, as well as Armor and HSCO’s delay in transferring Mr. Hicks to the hospital,” says the memo.
A spokeswoman said Armor did not disclose the Hicks settlement because of the way BSO worded its bid question.
“The language specifically requests ‘settlements of court cases.’ The Hicks settlement was never a court case, which is why it was not included,” said Yeleny Suarez of the Miami public relations firm Everett Clay Associates.
Armor Correctional CEO Bruce A. Teal
Nevertheless, Armor’s apparently botched treatment of Hicks raises serious questions about the quality of medical care it provides to inmates, including those in Broward.
Armor’s list discloses that since 2008 it was sued 22 times in federal and state court by Broward jail inmates whose allegations included improper medical care, failure to provide medication and inappropriate conduct by medical providers.
The inmates who filed most of those cases had no lawyer and their cases were dismissed without trial, as is typical in cases in which plaintiffs represent themselves.
Jail systems across the country that hire outside companies to provide medical care to inmates routinely seek to assess the issue of quality of care by inquiring about their backgrounds.
BSO’s bid documents require prospective vendors to disclose their litigation history to satisfy a requirement that they “shall have a track record of providing quality, reliable inmate health care services.”
“Failure to answer all questions thoroughly and truthfully may result in your proposal being found non-responsive,” bidders are cautioned on BSO’s background questionnaire.
Armor’s role in what happened to Hicks is the kind of information the questionnaire was designed to ferret out.
The tragic and troubling episode is spelled out in police and court records.
Hicks, 51, was arrested about 11 a.m. on May 11, 2012 following a minor accident on I-275 in Hillsborough County in which no one was injured. A witness told police Hicks’s 2003 Chevrolet Cavalier was traveling at slow speed and weaving before he struck a guardrail.
Police called to the scene described Hicks as erratic, uncooperative and thought he might be on drugs. At one point, deputies pulled their guns on Hicks when he failed to comply with an order to show his left hand after one officer thought he saw Hicks reach into a seat pocket.
Hicks, a local volunteer baseball coach who lived with and cared for his aging mother, was handcuffed, taken to jail and charged with resisting an officer without violence.
Hicks arrived unable to walk or to speak properly. He was placed in a holding cell where he lay on the floor, unable to move his left side, for an extended period.
A SERIES OF ERRORS
A sheriff’s investigation details a series of errors by Armor personnel, beginning with the failure of a sally port nurse to properly assess Hicks’ medical condition.
“At no time did the nurse gather a history of Hicks’ present condition, nor did she properly examine signs and symptoms present with Hicks,” says the July 19, 2012 report of the investigation by HCSO Col. James D. Previtera.
Two other Armor nurses were also present in the holding cell. “But none of the LPNs attempted to examine Hicks closer, obtain vital signs or interview him,” the report says.
The next day, another nurse saw Hicks and expressed concern that he showed stroke symptoms. Hicks was soon transferred to Tampa General where he was diagnosed as having suffered a stroke.
“The medical bills associated with Mr. Hicks’ medical care exceed $1 million,” police records say.
The sheriff’s report accuses Armor of failing “to properly record and secure” the medical notes of the nurse who first identified Hicks’s stroke symptoms. It states that what happened to the notes is unknown.
Still, the report says Armor Health Services Administrator Lewis Hays “offered misleading information as to the existence of the notes” to sheriff’s investigators.
“In addition, Hays and Assistant Health Services Administrator Andy Sluka engaged in conduct that appeared to be intended to intimidate and coerce (the nurse) about her assertions with regard to the assessment and the medical notes,” the report says.
The sheriff’s office later revoked the security clearances of Hays and Sluka, the report says.
Col. Previtera, of the HCSO’s Department of Detention Services, said he contacted Armor CEO Bruce Teal personally “and expressed my extreme dismay with the manner in which his staff assessed and treated Mr. Hicks. The matter is the subject of continued internal review by Armor and corrective action is expected.”
Hicks remained in a coma and under constant medical care at Tampa General until his death on Aug. 7, 2012.
His mother died while Hicks was hospitalized.
By Dan Christensen, BrowardBulldog.org
Broward County Jail
Broward Sheriff Scott Israel is expected soon to award a contact worth as much as $145 million over the next five years for the delivery of healthcare services to the county’s approximately 5,000 jail inmates.
The road to a deal has been full of turns, with intrigue and suspicion around every curve.
Seven companies submitted sealed proposals last month in what amounted to a second round of bidding after BSO canceled its initial solicitation last March. The cancellation, after proposals were received, opened and bidders shortlisted, allowed vendors to see each other’s prices and plans.
Three companies are on BSO’s current shortlist: incumbent Armor Correctional Health Services, Corizon Health (formerly known as Prison Health Services) and Wexford Health Sources.
One that’s not: Nashville-based Correct Care Solutions, a previous finalist with a five-year price that was $8.5 million lower than Miami-based Armor’s offer. Correct Care did not get a single vote from the three-person BSO selection committee that evaluates proposals and makes a recommendation to the sheriff.
Bid records obtained by BrowardBulldog.org using Florida’s public records law also show that Armor has lowered its one-year price for comprehensive medical, dental and mental health care by $400,000 since learning it was previously underbid. Still, its current proposal of $26.7 million is $1.9 million higher than its nearest remaining competitor, Corizon, which also cut its bid price. It is also $1.5 million, or nearly six percent higher, than the $25.6 million it currently charges BSO.
Wexford was the highest bidder at $26.8 million.
Each company also offered slightly lower price options if BSO agreed to assume more risk for providing certain offsite services that are now covered.
CONTRACT UP TO FIVE YEARS
The bidding is for a three-year contract with two one-year renewal options. Last time, BSO’s bid specifications called for bidders to supply annual pricing for five years. This go-round, only one-year prices were sought.
The lack of specificity about prices beyond the contract’s first year makes it difficult to compare costs over the term of the deal, and offers BSO – and Broward’s taxpayers – no assurances as to future contract costs.
“Even though price proposals were provided, the entire contract, including contract amount, is subject to negotiation,” said sheriff’s spokeswoman Keyla Concepcion. “Subsequent years after the initial year will be negotiated based on the contract amount for the initial year.”
The sheriff’s pricing formula for the contract’s later years, if there is one, was not disclosed.
In the initial round of bidding, the vendors calculated price by tacking on between 3.5 and 4.0 percent for each additional year. Armor, for example, offered BSO a five-year price of $145.6 million.
Five-year prices were not provided this time. But using the same factors, Armor’s projected five-year price would be $2 million less than it bid six months earlier.
Here’s a comparison of the projected five-year proposals for the current finalists compared with their original five-year price offers:
Current November 2012
Armor: $143.6 million $145.6 million
Corizon: $130.0 million $133.6 million
Wexford: $144.6 million did not bid
While BSO would save millions by accepting Corizon’s bid, there are numerous considerations in choosing a vendor, including staffing and care management.
One key tool to evaluate the competency and reliability of vendors is to require them to disclose their recent litigation history.
LACK OF TRANSPARENCY
In various ways, transparency is an issue is BSO’s current inmate care solicitation.
Most significantly, BSO does not post proposals online or solicit public input. By law, proposals are secret for 30 days after they are opened, or until BSO announces an intended decision. After that, they are available, but not online.
Broward Sheriff Scott Israel
Transparency is also a problem regarding the vendors’ litigation histories, an indicator of past performance and competency.
Armor supplied BSO with a 14-page list of 150 malpractice lawsuits that it said were filed against it in Florida and elsewhere since 2009, including 22 cases in Broward.
Armor did not provide BSO with requested case numbers, and identifies plaintiffs only by their initials – making it difficult to track cases. But in its proposal, Armor noted that while nearly half of those lawsuits were dismissed it has never had a judgment against it and “we have settled only nine lawsuits companywide since 2004.”
A record of 150 lawsuits in three years, most filed by aggrieved inmates without a lawyer, is not a confidence builder. But it is at least a record that’s available for the public to see and scrutinize.
BSO has declined to release the litigation histories submitted by Corizon and Wexford, indicating without elaboration that they are exempt from disclosure under Florida’s public records laws. Corizon asserted in its proposal that its court litigation history is “confidential and proprietary.”
BrowardBulldog.org has asked BSO to reconsider its decision and release the records.
Questions about the inmate healthcare procurement are not confined to the proposals themselves.
One of the three members of BSO’s selection committee who voted to recommend Armor is Dr. Nabil El Sanadi.
El Sanadi is BSO’s chief medical director. He is also chief of emergency medicine for Broward Health.
CONFLICT OF INTEREST
El Sanadi had an apparent conflict of interest when he cast a vote for Armor. The reason: Broward Health, his employer, wants Armor to win the contract.
Armor’s proposal, which includes Broward Health’s endorsement, says that it currently contracts with Broward Health to provide 24-hour hospital services to county inmates.
Should Armor prevail it “will continue to use…the North Broward Hospital District (Broward Health), encompassing Broward Health Medical Center, Broward Health North and Broward Health Coral Springs,” says Armor’s proposal.
Another disturbing, yet unconfirmed report from insiders says that another top BSO official had a private meeting with one vendor’s representatives during the “cone of silence” period when such contact is illegal.
Then there is the presence of William Rubin, a paid lobbyist for both Armor and BSO.
The sheriff’s lawyer, Ron Gunzburger, has said Rubin has been told that neither he nor his Fort Lauderdale firm, The Rubin Group, can lobby BSO on behalf of Armor. Rubin, however, is a friend and supporter of Israel and Rubin’s contract with BSO does not prohibit such lobbying.
Sources have said Rubin is working with ex-Sheriff Ken Jenne, who first hired Armor in 2004 after receiving substantial campaign contributions from Armor and its owner Dr. Jose Armas, to help Armor prevail. Jenne later served time in federal prison on unrelated corruption charges.
Armor is currently supporting Jenne’s son, Evan Jenne, in his run for a state house seat from South Broward. On June 17, the company contributed $500 to Jenne’s campaign.
The Rubin Group contributed $500 to Evan Jenne’s campaign in March.
By Dan Christensen, BrowardBulldog.org
Broward Sheriff Scott Israel Photo: NBCMiami.com
Two of the biggest contracts that Broward Sheriff Scott Israel will ever get to hand out – worth about $500 million over five years to the winning bidders – are scheduled for award this summer.
The big-money deals now moving through BSO’s procurement pipeline will provide comprehensive healthcare services to the county’s approximately 5,000 jail inmates, and group health insurance for BSO’s 5,800 employees.
The way things are unfolding offers a troublesome look at how the new sheriff’s administration does business.
Two months after Israel’s January swearing-in, BSO suddenly called off its initial solicitation for inmate healthcare services. The plug was pulled even though proposals had been received, opened and bidders shortlisted.
Purchasing bureau director Neesa B. Warlen explained the cancellation in correspondence to bidders by saying that BSO would be making changes to its request for letters of interest.
“We apologize for any inconvenience this change may cause,” Warlen said in a March 13 letter. A BSO spokeswoman said last week that those changes included the addition of a cost containment goal and language changes and clarifications.
BID PACKAGES BECOME PUBLIC
A major side effect of the cancellation was to make public highly detailed corporate pitches containing specific price proposals for the job of inmate healthcare provider. Competitors now had access to what had been sealed, confidential information about how much each other had bid.
For example, incumbent Broward jail provider Armor Correctional Health Services learned that it was not the lowest bidder on cost-conscious BSO’s shortlist.
Dr. Jose Armas of Armor Correctional Health Services
Armor, owned by Miami physician Dr. Jose Armas, had offered to provide comprehensive medical, mental health and dental services to inmates for $145.6 million over five years. Nashville-based Correct Care Solutions said it would do the same job for $137.1 million. Naphcare, of Birmingham, Al., came in at $165.2 million.
Today, Armor, Correct Care, Naphcare are among seven bidders seeking the inmate healthcare contract. The others are Correctional Healthcare Company, Wexford Health Sources, Corizon Health and Diamond Drugs, which does business as Diamond Pharmacy Services.
The bidding is for a three year contract with two one year renewal periods. Bids were opened June 5, but by law the proposals are secret for 30 days or until BSO announces an intended decision. BSO has told those companies the selection committee will likely make a recommendation to the sheriff by the end of July.
Sheriff Israel added more intrigue to the mix with his February decision to hire Fort Lauderdale lobbyist William Rubin to represent the sheriff’s office at the county.
BSO pays The Rubin Group $7,000 a month. But Rubin is also being paid to represent two of BSO’s biggest vendors – Armor Correctional and Coventry Health Care, which provides group health insurance for BSO employees.
Like Armor, Coventry is expected to bid to keep its lucrative contract arrangement with BSO. The group insurance solicitation is for three years, with two one year extensions. It was issued June 7 and the due date for proposals is July 8.
The current annual cost for Coventry’s contract with BSO is $72 million, according to BSO. The contract expires at the end of the year.
Dr. Nabil El Sanadi
Sheriff’s general counsel Ron Gunzburger, told BrowardBulldog.org that it was made “very clear” to Rubin that neither he nor his firm can “play any role in lobbying BSO” on behalf of Rubin’s other clients.
But BSO’s contract with Rubin is less clear. It does not prohibit Rubin from lobbying the sheriff on behalf of others, yet does require him to disclose when a client “has or may potentially have an interest adverse to the interest of the sheriff.”
Under Democrat Israel, BSO’s procurement process for inmate health care has an interesting political cast. One of the three persons named to the selection committee that will review the proposals and recommend a company to the sheriff is Dr. Nabil El Sanadi.
El Sanadi is BSO’s chief medical director and chief of emergency medicine for Broward Health. He’s also a big political contributor with ties to Gov. Rick Scott, who appointed him to the Florida Board of Medicine in 2011, and Broward Commissioner Chip LaMarca.
Records show that El Sanadi has given more than $80,000 to Republican candidates and causes since 2000. More than half of that money went to the Republican Party of Florida.
El Sanadi also appears to have a conflict of interest in his service on BSO’s selection committee because his other employer, Broward Health, wants Armor to get the contract.
Armor pays Broward Health to provide hospital and physician services to inmates – a relationship Armor wants to continue, according to its initial bid proposal that was made public after BSO canceled its first solicitation.
Ex-Sheriff Ken Jenne
El Sanadi did not respond to a request for comment.
IS JENNE INVOLVED BEHIND THE SCENES?
Armor’s bid package included a letter of support from Broward Health Senior Vice President Robert K. Martin who called Armor “a good working partner.”
“Armor’s staff works well with all levels of our organization and claims payment is timely, something we do not take for granted,” Martin wrote in is Sept. 10 letter.
Armor’s contract was up in December. Today, BSO is extending it on a month-to-month basis.
Armor has provided healthcare to Broward’s jail inmates since 2004. Sheriff Ken Jenne, who went to prison in 2007 on corruption charges, awarded the company its first five-year contract, worth $127 million.
The deal was controversial because BSO changed bid requirements in ways that helped Armor win and because Armor’s owner, Dr. Armas, had been a major contributor to Jenne’s re-election campaign. Controversy continued when it came out later that Jenne had lobbied other sheriffs around the state on Armor’s behalf, including Palm Beach Sheriff Ric Bradshaw.
While Jenne now operates a consulting company, De Groene Poort, several sources who know him said he’s recently worked behind the scenes with longtime pal William Rubin to help Armor prevail again at BSO.
Jenne, who was given a public welcome at BSO headquarters this year by Israel, did not respond to requests for comment.
By Dan Christensen, BrowardBulldog.org
Convicted killer Robert Burkell Photo: Broward Sheriff’s Office
Ten years ago, killer Robert Burkell bludgeoned to death his 81-year-old tenant Charles Bertheas, cracking open his aged skull like an eggshell, according to police. The motive: money.
Today, Burkell is in prison for life. But his wife Susan, a Lauderhill resident who authorities say did not participate in the slaying but knew what was happening, is set to inherit more than $214,000 of the victim’s money.
Bertheas’s eight elderly brothers and sisters, who live in France, won’t see a dime. Charles Bertheas designated the Burkells as co-beneficiaries on his accounts at the Bank of America.
Florida law blocks convicted killers like Robert Burkell from receiving property or other benefits because of their victim’s death. The law, however, does not extend to their spouses or consider the murderous circumstances of their crime.
“This is a travesty,” said Broward Assistant State Attorney Peter Holden. “She’s benefiting from her husband’s criminal offense…It stinks.”
“We couldn’t prove she was involved in the murder,” said BSO Detective Tim Duggan. “The only thing we could say was there was no way that she could not have known it was going on. She left moments before it happened.
Mary Susan Burkell, 63, says prosecutors and police have it completely wrong. Her husband was mistakenly convicted of Bertheas’s murder, she said, and now Holden and Duggan are falsely slandering her.
“They said I knew what was happening? What a pair. What a pair,” she said. “No. That’s not correct. They have fantasized over this for so long. I don’t know how they sleep at night.”
Charles Bertheas, whose skull was crushed
The Florida Department of Financial Services, which has been holding Bertheas’s money, awarded it to Susan Burkell in a final order dated March 21. With the help of a Tampa private investigation agency, SRS International, she filed a claim for the property last August after the department rejected a claim by the dead man’s brother. SRS stands to collect a 20 percent commission.
Marc Bertheas, who is 80 and lives in the Paris suburb of Saint Denis, opposed the award and sought an extension of the state’s 30-day time limit to file an appeal. In a letter to the department postmarked April 19, he stated he needed time to find a U.S. lawyer, explaining that he was not fluent in English and had special medical conditions that limit his ability to communicate with legal counsel.
The Financial Services department rejected Bertheas’s request. The reason: It did not receive his letter until April 23 – the day after the deadline.
“Unfortunately, the referenced time period has expired and the department has taken steps to disburse the underlying unclaimed property funds in accordance with the final order,” Financial Services attorney Kate Pingolt Cotner informed Marc Bertheas in an April 25 letter.
Widower Charles Bertheas died Nov. 23, 2003 on the floor of the converted family room he rented from the Burkells in their four-bedroom home at 9107 NW 72 Court, Tamarac.
9107 NW 72 Court, Tamarac, the scene of the crime
Robert Burkell, now 64, summoned police that afternoon after reportedly finding the body. Bertheas had been dead for at least several hours.
Burkell told police he’d last seen Bertheas the night before when they had dinner together at a bar in Sawgrass Mills. He said he thought Bertheas might have hit his head in a drunken fall.
But “a large pool of blood” around the body, and a detective’s observation of “considerable trauma to the victim’s face and head” raised suspicion, court records say. The medical examiner’s office later classified the death as a homicide and attributed it to blunt trauma. The weapon used by the killer to crush Bertheas’s head was never identified.
A motive soon became apparent when it was found that Burkell had “forged a $10,000 check in Mr. Bertheas’s name” the night before the murder, according to Duggan. It wasn’t until later that police learned Bertheas had designated Robert and Susan Burkell as the beneficiaries of accounts containing $280,000 in savings at the time of his death, records say. That included proceeds from the sale of the condo he once shared with his late wife.
No signs of forced entry or a struggle were found at the home, and no valuables were missing. The victim’s DNA was discovered in bloodstains on a bath mat and counter top in the master bath – a location Susan Burkell later testified only she and her husband used. Likewise, two bare sole footprints found in dried blood adjacent to the body were matched to Robert Burkell, the records say.
Burkell was arrested two days before Christmas. It wasn’t his first arrest for murder.
Detective Duggan said that in 1986 Burkell confessed to bludgeoning William Yalden, a Geneva, N.Y. businessman whose body was later found in an Ohio cornfield, “in the exact same manner as he killed Bertheas.” Burkell’s confession was thrown out prior to trial, however, because of a Miranada rights warning issue, Duggan said.
“He definitely got away with that one,” said Duggan.
Things turned out differently for Burkell 20 years later in Florida. While Burkell did not confess to killing Bertheas, he was nevertheless convicted of first-degree murder and sentenced to life in prison. His conviction was upheld on appeal in 2008.
The money in Bertheas’s bank accounts was turned over to the state as unclaimed property in 2005. In 2011, Marc Bertheas tried to claim it, but his claim was denied because he was not a beneficiary.
Burkell’s murder conviction meant he had no longer had a legal claim to Bertheas’ money. Florida law treats killers who stand to inherit from their victims as if they died first.
“Consequently, Susan Burkell is the only beneficiary who is legally permitted to receive the unclaimed property funds at issue,” the Department of Financial Services decided.
Robert Burkell, who has three children by his wife of 40 years, is currently being held at the Broward County Jail while awaiting a ruling on his lawyer’s motion for a new trial based on ineffective assistance of trial counsel. The motion is pending before Broward Circuit Judge Raag Singhal.
On the day she was interviewed, Susan Burkell had not received any payout from the state. How much she will ultimately get is unclear.
For reasons that are not made clear in state records, the $280,000 that was in Bertheas’s accounts at the time of his death had dwindled to $214,221.86 by 2008. Detective Duggan said he’s heard that amount has dwindled further – eaten away by attorney fees.