Charges Include Failure to File Tax Returns
Benjamin G. Greenberg, United States Attorney for the
Southern District of Florida, Robert F. Lasky, Special Agent in Charge, Federal
Bureau of Investigation (FBI), Miami Field Office, and Kelly R. Jackson,
Special Agent in Charge, Internal Revenue Service, Criminal Investigation
(IRS-CI), announced federal charges against Dante Starks arising from his role
in the Opa Locka municipal corruption scheme.
“The resulting harm from corruption, extortion and bribery
denies law abiding citizens the right to expect honest services from government
officials overseeing their business-related issues,” stated U.S. Attorney
Benjamin Greenberg. “Political power and
influence must not be bought or sold and those who believe otherwise will be prosecuted
by this office with the assistance of our dedicated law enforcement partners.”
“For the public to have confidence in their government, they
must be certain that officials - either elected or appointed - will not use
their position for personal gain,” said Robert F. Lasky, Special Agent in
Charge, FBI Miami. “Public corruption
remains a top priority for the FBI. We
encourage anyone who may have information about corruption to come forward and
report it. This information is vital to our work.”
“Today's announcement demonstrates our collective efforts to
enforce the law and ensure public trust,” stated Kelly R. Jackson, Special
Agent in Charge, IRS-CI. “The tax laws apply to everyone, and each of us is
responsible for filing correct and accurate tax returns. Choosing not to file a
tax return is a crime; and IRS Criminal Investigation will continue to
investigate individuals who ignore their tax responsibilities.”
Starks, 55 of Miami-Dade County, was charged by indictment
with conspiracy to commit Hobbs Act extortion under color of official right, in
violation of Title 18, United States Code, Section 1951 (a); conspiracy to
commit Federal programs bribery, in violation of Title 18, United States Code,
Section 371; aiding and abetting Federal programs bribery, in violation of
Title 18, United States Code, Sections 666(a)(1)(B) and 2; and failure to file
income tax returns (for tax years 2014, 2015 and 2016), in violation of Title
26, United States Code, Section 7203. If
convicted, Starks faces a maximum statutory sentence of 20 years in prison for
the Hobbs Act extortion conspiracy, 5 years in prison for the bribery
conspiracy, 10 years in prison for each count of aiding and abetting bribery,
and 1 year in prison on each of the failure to file charges. The case against Starks is assigned to U.S.
District Judge Jose E. Martinez (Case No. 18-20313-CR).
Starks is charged with conspiring with former Opa Locka City
Commissioner Luis Santiago, former Opa Locka City Manager David Chiverton, and
former Opa Locka Assistant Public Works Director Gregory Harris, to use the
official positions and authority that Santiago, Chiverton, and Harris had with
the City of Opa Locka to solicit, demand, and obtain personal payments from
businesses and individuals in exchange for taking official actions, and for
directing, pressuring, and advising other city employees to take official
actions, to assist and benefit those businesses and individuals in their
official dealings with the City of Opa Locka.
As the Indictment alleges, although Starks was not an
official or employee of the City of Opa Locka, he was closely associated with
and had great influence over Santiago.
Starks also had and exercised significant influence over numerous other
city officials and employees, including Chiverton and Harris, and he regularly
used that significant influence to pressure and advise city officials and
employees to take official actions on matters relating to occupational
licenses, code enforcement citations and fines, liens, water service and
billing, zoning, and city contracting.
Working together, Santiago and Starks solicited and obtained
illegal payments from businesses and individuals in Opa Locka. In exchange for these illegal personal
payments, Santiago, with the assistance
of Starks, would take official actions on behalf of the paying businesses and
individuals, and would also work with Starks to direct, pressure, and advise
Chiverton, Harris, and other City of Opa Locka employees to take official
actions on behalf of those businesses and individuals. These official actions included, but were not
limited to, issuing occupational licenses; waiving, removing, and settling code
enforcement matters and liens; initiating, restoring and continuing water
service; reducing and eliminating water service billing balances; assisting
with zoning issues; and assisting with obtaining city contracts.
Starks also is charged with participating in a conspiracy
with Santiago and others to receive bribes in exchange for ensuring that a
particular company received a city contract.
According to the Indictment, in April 2015, the City of Opa Locka
published a Request for Proposals (“RFP”) seeking bids from licensed and
experienced towing firms seeking multi-year non-exclusive contracts to provide
Opa Locka with citywide towing services.
Shortly after this RFP was published, then-City Commissioner Santiago and
Starks met with Raul Sosa Sr. (“Sosa Sr.”), who agreed to pay them a $10,000
bribe to ensure that the company Sosa Sr. was associated with, referred to as
the “Towing Company,” was selected as one of the companies receiving a city
towing contract.During this meeting, Sosa Sr. paid the first installment of the
bribe and designated his son, Raul Sosa Jr. (“Sosa Jr.”), the Towing Company’s
manager, as the person who would work with Santiago and Starks to carry out the
illegal arrangement.
The Indictment further alleges that Starks arranged for Opa
Locka’s Purchasing Director to assemble and prepare the Towing Company’s bid
package. After this bid was submitted,
Starks violated the city’s purchasing Cone of Silence rule by contacting a
member of the city’s committee evaluating the towing bids and directing that
individual to rank the Towing Company as the number one company. While this process was ongoing, Sosa Jr. made
additional partial payments of the agreed $10,000 bribe. To complete the illegal arrangement, at the
June 24, 2015, City Commission meeting, Santiago used his position as a City
Commissioner to vote in favor of the resolution authorizing the City Manager to
enter into towing contracts with the Towing Company and three other companies. The final installment of the bribe was paid
after the City Commission voted to award a contract to the Towing Company.
In addition, Starks was charged in the Indictment with
failing to file federal income tax returns for tax years 2014, 2015 and 2016.
Related cases arising from the Opa Locka corruption
investigation are the following:
Santiago previously pled guilty to conspiring to commit
Federal programs bribery and Hobbs Act extortion under color of official right
(Case No. 16-20971-CR). Santiago was
sentenced to 51 months in prison.
Chiverton previously pled guilty to conspiring to commit
Federal programs bribery and Hobbs Act extortion under color of official right
(Case No. 16-20596-CR). Chiverton was
sentenced to 38 months in prison.
Harris previously pled guilty to conspiring to commit
Federal programs bribery and Hobbs Act extortion under color of official right
(Case No. 16-20589-CR-BLOOM). Harris was
the first defendant to plead guilty to charges arising from this investigation,
and received a sentence of probation.
Sosa Sr. and Sosa Jr. have been charged by Indictment with
conspiracy to commit Federal programs bribery and substantive counts of Federal
programs bribery (Case No. 18-20256-CR).
Their case is pending before U.S. District Judge Jose E. Martinez.
Mr. Greenberg commended the investigative efforts of the FBI
Miami Area Corruption Task Force and IRS-CI in this matter. Mr. Greenberg thanked the Miami-Dade Police
Department and Hialeah Police Department for their assistance. This case is being prosecuted by Assistant
U.S. Attorneys Edward N. Stamm and Maurice Johnson.
An Indictment merely contains allegations and a defendant is
presumed innocent unless and until proven guilty beyond a reasonable doubt in a
court of law.
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