Miami Herald, The (FL)-December 18, 2008
Author: SUSANNAH A. NESMITH, snesmith@MiamiHerald.com
Abstract: A Miami-Dade jury convicted a corporation and an individual, and found a second man innocent, after fuel was stolen from Miami International Airport.
A Miami-Dade jury found a former Miami International Airport contractor guilty of grand theft and organized scheme to defraud Wednesday in the case of fuel being stolen from the airport compound.
The jury also convicted one of the contractor's former employees but acquitted company president Cliff Berry II on similar charges.
The verdict brings to a close a wide-ranging case of corruption and influence peddling that led to the indictment of 27 people and corporations beginning in mid-2004.
The county's inspector general and the state attorney's office began looking into the fuel farm after the county's former aviation director, Angela Gittens, tipped them off to problems there in April 2003.
Investigators found several interrelated scams. They found that Cliff Berry tankers that were supposed to be hauling wastewater from the compound were instead being used to carry stolen fuel, which was later sold to yacht operators and at Opa-locka Airport.
Also uncovered: A county employee was being bribed with flat-screen televisions and promises of promotions to help steer contracts to politically connected businessmen.
For looking the other way, fuel farm employees were rewarded with cash, free work on their cars and tickets to sports events.
The rest of the defendants agreed to plea deals to avoid a trial, and one of the charged corporations, ASIG Fueling, Miami, Inc., a subsidiary of Aircraft Services International Group, agreed to repay the county $2.5 million.
Cliff Berry Inc. and the company's former environmental director, Jeff Smith, were convicted of two counts of grand theft and two counts of organized scheme to defraud.
Berry II wept silently as the verdict was read. His attorney, Jose Quiñon, called the verdict "bittersweet" and said he suspected the jury was swayed in his client's favor by the nature of the evidence.
"A lot of the evidence against my client was circumstantial in nature, and the entire state's case was based on individuals who had a history of committing perjury," he said.
Assistant State Attorney Richard Scruggs said he was satisfied with the jury's decision and noted that his office had convicted 26 of the 27 defendants.
"The fraud and corruption, at least at the airport fueling operation, is over," he said.
Larry Doyle, executive vice president of Cliff Berry Inc., said in a statement that the firm was gratified that its president was exonerated and that it plans to appeal the convictions.
Circuit Judge Jacqueline Hogan Scola set sentencing for Jan. 28.
Smith could be sentenced to prison; Cliff Berry Inc. could be fined and required to pay restitution.
Cliff Berry Inc. "is in a sound financial position, and we are confident that we will be able to reach a satisfactory solution in this case and continue to serve the needs of our clients as we have done for more than 50 years," Doyle said.
Edition: Final
Section: Metro & State
Page: 6B
Record Number: 835697
Copyright (c) 2008 The Miami Herald
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