Miami, Fla. — A significant civil racketeering case in Miami-Dade County continues to unfold as Circuit Court Judge Mavel Ruiz confirmed that sufficient evidence exists for a jury to determine if former Miami City Commissioner Alex Diaz de la Portilla and his associates attempted to extort lobbyist Manny Prieguez. The alleged scheme centered on the upcoming vote concerning a marina redevelopment project.
However, Judge Ruiz also dismissed Diaz de la Portilla from Prieguez’s lawsuit, citing the politician’s legislative immunity as a reason. The judge ruled that the actions in question fell within the scope of his role as an elected official. Meanwhile, the other two defendants, former Miami Commissioner Humberto “Bert” Hernandez and attorney Anibal Duarte-Viera, remain part of the case.
Prieguez is now appealing the ruling to the Third District Court of Appeals, arguing that legislative immunity should not protect officials from civil liability when their conduct crosses into criminal territory. “Just because you’re a politician doesn’t mean that you get to do whatever the hell you want,” Prieguez stated. “You should be held to a higher standard.”
The implications of this case extend beyond Miami, according to Caroline Klancke, executive director of the Florida Ethics Institute. She described Ruiz’s ruling as a potential threat to democratic principles, suggesting that it might embolden those engaging in unethical behavior by providing a protective shield.
In 2021, following the filing of Prieguez’s lawsuit, Diaz de la Portilla, who has a history in state politics, faced multiple felony charges in an unrelated incident. He was accused of trading political favors for financial contributions but had those charges dropped due to insufficient evidence.
The allegations of the shakedown stem from interactions between Prieguez, who represented Biscayne Marine Partners, and Diaz de la Portilla. Prior to a pivotal city commission meeting, Prieguez alleges that he was told by Diaz de la Portilla to include Duarte-Viera as a partner in the marina project to secure the commissioner’s crucial vote.
The lawsuit claims Diaz de la Portilla directed Duarte-Viera and Hernandez to “intimidate and extort” Prieguez if he did not comply with their demands. During a second meeting, Duarte-Viera allegedly made it clear that Prieguez could only secure Diaz de la Portilla’s support by including him in the project.
On the day the vote took place, Diaz de la Portilla reportedly texted Biscayne Marine’s principal for a lunch meeting, but did not show. Instead, only Duarte-Viera, Hernandez, and another associate appeared to meet with Melwani and Prieguez. Ultimately, the commission voted against bids from both Biscayne Marine Partners and another competitor.
Prieguez claims significant emotional distress and financial losses as a consequence of the alleged extortion scheme. While Duarte-Viera and Hernandez declined to comment through their legal representatives, Diaz de la Portilla’s attorneys dismissed Prieguez’s claims, suggesting they stem from personal failure as a lobbyist rather than any wrongdoing by their client.
When considering the dismissal of Diaz de la Portilla from the lawsuit, Judge Ruiz cited precedent from a federal case involving former Illinois Governor Rod Blagojevich, illustrating how legislative immunity can extend even to admitted acts of bribery if they relate to legislative functions. Klancke challenged this interpretation, arguing it prevents victims from having their grievances heard in court.
Prieguez emphasized the importance of the appeal and the need for the judicial process to hold all involved accountable. “If you are acting criminally, it doesn’t give you a free pass just because you are an elected official,” he asserted. The outcome of his appeal could have broader repercussions for legislative accountability.
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