For several months Miami City Commissioner Michelle Spence-Jones has reportedly been the focus of a public corruption investigation by the Miami-Dade County State Attorney's Office and that involves hundreds of thousands of dollars. But Friday Miamians awoke to sensational news stories that in connection with the probe Rev. Gaston Smith, Pastor of Friendship Missionary Baptist Church was arrested the night before for allegedly misspending $10,000.

The Miami-Dade Police Department conducted the press conference announcing Rev. Smith's arrest. There were no reports of a State Attorney's Office presence at that press conference. There were no reports of the arrest being executed on the basis of a grand jury indictment nor details of a warrant handed down from the bench. Rev. Smith's attorney claims the police "leapfrogged" the state attorney to make the arrest. All of which begs the question, "Are the M-DCPD and the State Attorney's Office cooperating in this investigation or not?" The question raises the specter of rogue elements within the police department executing an arrest based on something other than the law.

And the matter would be less suspicious if a similar government attack on Friendship Missionary Baptist Church had not occurred in the last presidential election year. In the days leading up to the 2004 vote Rev. Gaston Smith allowed Democratic candidate John Kerry to speak to his congregation at a Sunday service. Days later the Internal Revenue Service initiated proceedings, based on anonymous complainants, to strip the church of its tax-exempt status for involving itself in political activity. Any such IRS sanction would have effectively destroyed Friendship Missionary Baptist Church. Members and supporters rose up in Friendship's defense and months later the IRS backed off its threat.

The events surrounding Friendship Missionary Baptist Church and Rev. Gaston Smith were among many in 2004 seemingly aimed at African-American voter suppression. Prior to the 2004 elections, Florida's Gov. Jeb Bush attempted to reprise the so-called felons list which so effectively suppressed the Black vote in the 2000 election. Bush took active measures to keep the 2004 list in the shadows. His motivation in that regard became clear when media outlets petitioned the courts and the list was forced into the light. The names of more than 22,000 African-Americans appeared on the list of 47,763 alleged felons. Meanwhile, 61 Hispanics were listed. The courts ultimately stayed the governor's hand and tore up his politically self-serving list.

For three decades beginning in the 1950's Black Miamians were empowered through Charles R. Hadley's Operation Big Vote. So revered is Hadley, a public park and public elementary school proudly bear his name in Miami-Dade. But the Charles R. Hadley of the Orlando area, the director of the Orange County Voters League, Ezzie Thomas, was accused of a crime over his Hadley-like efforts in 2004. Thomas' activism and an unprecedented Black voter turnout was a major factor in the shocking political upset on Feb. 25, 2003 that made Buddy Dyer the first Democratic mayor of Orlando in history. Thomas helped Dyer be reelected on March 9, 2004.

Shortly after Dyer's victories, agents of the Florida Department of Law Enforcement (FDLE) descended on the homes of elderly and infirmed Black absentee voters. Several of those interrogated reported later that agents hiked up pants legs or in some other manner indicated they were armed. The FDLE message of intimidation hardly less subtle than a burning cross but Ezzie Thomas would not be moved, He went back to work and again turned out large numbers of African-Americans on Nov. 2, 2004. Ezzie Thomas was taken into custody on March 11, 2005 and paraded through a phalanx of news camera to the jailhouse. To paraphrase the charge against Thomas, he believed Black people had the right to vote. It harkens back to Election Day in 1920. Then a white mob laid siege to the black town of Ocoee, not far from Orlando, after a Black man, allegedly carrying a weapon, demanded his right to vote. Ocoee was burned to the ground and half-a-dozen residents killed.

Now stunningly, right on time with a new election cycle, just as the 2008 presidential race kicks into high gear, Friendship Missionary Baptist Church and its leader Rev. Gaston Smith appear to be under attack again! The church, a major pillar of African-American political power in South Florida, and its pastor, honored by the U.S. Congress, Miami-Dade County, the city of Miami and the Congressional Black Caucus, must be busied with its own defense rather than fully mobilizing to help elect the next president of the United States. All of us who cherish equal justice under the law must demand answers in this matter!

Paul A. Moore

Spence-Jones could face fines: Miami City Commissioner Michelle Spence-Jones could face fines from the Florida Elections Commission stemming from her fall 2005 campaign.
From: Miami Herald (Miami, Florida) Date: September 7, 2006 More results for: "Miami City Commissioner Michelle Spence-Jones"

Byline: Michael Vasquez

Sep. 7--Commissioner Spence-Jones may face fines over '05 campaign

In her first-ever bid for elective office, Michelle Spence-Jones promised Miami's inner-city voters last year that a vote for her was a vote to improve long-forgotten neighborhoods. Spence-Jones' campaign message got her elected to the Miami City Commission, but she may have violated state election laws in the process and faces the prospect of as much as $80,000 in fines from the Florida Elections Commission.

In documents made public to the media this week, the commission found probable cause that Spence-Jones' campaign broke election rules on eight different occasions. The commission came to its conclusion during a meeting held in Tallahassee last month. A final determination of guilt or innocence hasn't happened yet. Spence-Jones or her attorney will have one more opportunity to argue their side before the commission. Elections commission officials could not be reached for comment Wednesday, and it was unclear whether a hearing date was set. "I look forward to defending myself against these charges in the right forum," Spence-Jones said Wednesday. "Neither myself nor my team did anything that we thought was inappropriate."

CASH PAYMENTS What may prove to be the most costly error: Spence-Jones allegedly authorized her campaign treasurer to make more than $24,000 in cash payments for expenses -- money that went to hundreds of campaign workers as well as for food and supplies. Election rules require such transactions to be paid through the campaign checking account, not cash, and the elections commission found probable cause Spence-Jones knowingly violated this provision. The maximum fine for breaking that rule is up to three times the dollar figure involved, plus an additional $1,000 -- which in this case would be $73,000. Spence-Jones said many of her campaign workers were poor and didn't have checking accounts, making cash payments necessary.

"You're hiring people that are day-labor people," she said. "When they work all day, they want to get paid that night." The seven other alleged violations carry potential fines of up to $1,000 apiece. Two of them deal with cash spending issues, while the remaining five are for campaign advertisements produced without the required disclaimer information that tells voters who is behind the ad. OPPONENT'S COMPLAINT Spence-Jones' runoff opponent in last fall's campaign, former City Commissioner Richard Dunn II, filed the complaint with the elections commission. Dunn's complaint also alleged that Spence-Jones paid voters for their support, made false and defamatory allegations against him in campaign ads, and illegally used city workers to bolster her campaign. The elections commission did not find enough evidence to charge Spence-Jones with those actions. Nevertheless, Dunn said he felt vindicated by the violations for which the commission found probable cause.

Copyright (c) 2006, The Miami Herald

Pastor Charged With Grand Theft
posted 2/02/2008
LINK

Miami-Dade Police say Pastor Gaston Smith used your tax dollars for his own personal vacations, grant money that was supposed to go to the low-income community he has spent years serving, but Friday a new name that is already involved in scandal came up in the investigation.

Officers arrested Smith Thursday night. He's a well respected figure in the Liberty City community, but police say he stole from the very community he has been honored for serving.

Smith has received awards and commendations from a number of institutions, including Congress and Miami-Dade County. He is the senior pastor at the Friendship Missionary Baptist Church in Liberty City, and he has spoken out on many social issues in the past.

But police say, while he may be well-respected, he is a thief. They have charged him with 2nd degree Grand Theft.

The police investigation reported that in July of 2005, Rev. Gaston Smith deposited the grant funds into a Washington Mutual bank account in the name of Friends of MLK, Inc.

"Our investigation revealed Reverend Gaston Smith made the following unauthorized expenditures," said Dir. Robert Parker of Miami-Dade Police Dept. "To the tune of $10,356.50 in ATM cash withdrawals at various locations throughout Miami-Dade County, Broward County, Orlando, the state of Texas, and Las Vegas, Nevada."

He added, "$5,076.73 in purchases for airline tickets, car rentals, hotel accommodations, and classes at the University of North Florida."
The remaining balance is still under investigation and was reportedly used for various other purchases not within the scope of services articulated in the grant agreement.

His lawyer, Michael Tein, denies the allegation.

"Not a penny, not a nickel, not a dime," said Tein. "Every single dollar is accounted for 100 percent."

Tein is so adamant his client is innocent that he may file a federal lawsuit against the police department accusing them of violating the pastor's civil rights. Tein is also upset police made the arrest, because he says the state attorney was not on board.

The report added that a Friends of MLK Board Member was not aware that the agency had applied for or received the grant. It also wrote that another Friends of MLK Board Member was asked by Rev. Smith to sign blank checks that required two signatures and was not aware how the grant funds were utilized. He also had no knowledge that Rev. Smith possessed an ATM card that gave him unsupervised access to the funds.

Sources also say that $4,000 of that money was written in checks to Miami City Commissioner Michelle Spence-Jones's company, Karym Ventures Inc. That was in 2005, when she worked part time for the city. Spence-Jones is already investigated by the State Attorney's Office for allegations of accepting money for her votes approving the construction of a condo project in Coconut Grove.

Her lawyer told CBS4 that she did consulting work for Friends of MLK.

"Michelle performed services for 'Friends of MLK', which is a separate non-profit, pursuant to a contract. She did everything she was supposed to do. It was a legitimate contract, she didn't do anything wrong."

CBS4 News got a hold of the grant contract Smith holds with the county. The documents showed his non-profit group called "Friends of MLK" promised to use $25,000 of tax money to improve Liberty City. That money was supposed to be used to buy flyers and posters for community outreach. Friends of MLK was also supposed to start up an Internet website to promote local efforts. They also promised to use that money to coordinate an MLK fundraiser, and to coordinate a senior citizens community garden.

Sources close to the investigation say he didn't do any of it, and they say he kept most of the cash.

"Kathy Fernandez-Rundle listened to us, carefully considered this, and while the issue was sitting on her desk, the Miami-Dade Police Department abusively went to arrest a man who was completely 100 percent innocent," said Tein. "How dare they go and arrest him, without checking their facts, without looking at the math, without caring whether he's actually innocent."

The State Attorney's office says that the police department has the right to act on its own if necessary.

Liberty City Pastor Charged With Grand Theft
Gaston Smith's Attorney Says He's May File A Lawsuit Against Police
Pastor Arrested Linked To Commissioner Reporting
cbs4.com, February 2, 2008
LINK

Natalia Zea MIAMI (CBS4) ? Miami-Dade Police say Pastor Gaston Smith used your tax dollars for his own personal vacations, grant money that was supposed to go to the low-income community he has spent years serving, but Friday a new name that is already involved in scandal came up in the investigation.

Officers arrested Smith Thursday night. He's a well respected figure in the Liberty City community, but police and CBS4 News sources say he stole from the very community he has been honored for serving.

Smith has received awards and commendations from a number of institutions, including Congress and Miami-Dade County. He is the senior pastor at the Friendship Missionary Baptist Church in Liberty City, and he has spoken out on many social issues in the past.

But police say, while he may be well-respected, he is a thief. They have charged him with 2nd degree Grand Theft.

The police investigation reported that in July of 2005, Rev. Gaston Smith deposited the grant funds into a Washington Mutual bank account in the name of Friends of MLK, Inc.

"Our investigation revealed Reverend Gaston Smith made the following unauthorized expenditures," said Dir. Robert Parker of Miami-Dade Police Dept. "To the tune of $10,356.50 in ATM cash withdrawals at various locations throughout Miami-Dade County, Broward County, Orlando, the state of Texas, and Las Vegas, Nevada."

He added, "$5,076.73 in purchases for airline tickets, car rentals, hotel accommodations, and classes at the University of North Florida."
The remaining balance is still under investigation and was reportedly used for various other purchases not within the scope of services articulated in the grant agreement.

His lawyer, Michael Tein, denies the allegation.

"Not a penny, not a nickel, not a dime," said Tein. "Every single dollar is accounted for 100 percent."

Tein is so adamant his client is innocent that he may file a federal lawsuit against the police department accusing them of violating the pastor's civil rights. Tein is also upset police made the arrest, because he says the state attorney was not on board.

The report added that a Friends of MLK Board Member was not aware that the agency had applied for or received the grant. It also wrote that another Friends of MLK Board Member was asked by Rev. Smith to sign blank checks that required two signatures and was not aware how the grant funds were utilized. He also had no knowledge that Rev. Smith possessed an ATM card that gave him unsupervised access to the funds.

Sources also say that $4,000 of that money was written in checks to Miami City Commissioner Michelle Spence-Jones's company, Karym Ventures Inc. That was in 2005, when she worked part time for the city. Spence-Jones is already investigated by the State Attorney's Office for allegations of accepting money for her votes approving the construction of a condo project in Coconut Grove.

Her lawyer told CBS4 that she did consulting work for Friends of MLK.

"Michelle performed services for 'Friends of MLK', which is a separate non-profit, pursuant to a contract. She did everything she was supposed to do. It was a legitimate contract, she didn't do anything wrong."

CBS4 News got a hold of the grant contract Smith holds with the county. The documents showed his non-profit group called "Friends of MLK" promised to use $25,000 of tax money to improve Liberty City. That money was supposed to be used to buy flyers and posters for community outreach. Friends of MLK was also supposed to start up an Internet website to promote local efforts. They also promised to use that money to coordinate an MLK fundraiser, and to coordinate a senior citizens community garden.

Sources close to the investigation say he didn't do any of it, and they say he kept most of the cash.

"Kathy Fernandez-Rundle listened to us, carefully considered this, and while the issue was sitting on her desk, the Miami-Dade Police Department abusively went to arrest a man who was completely 100 percent innocent," said Tein. "How dare they go and arrest him, without checking their facts, without looking at the math, without caring whether he's actually innocent."

The State Attorney's office says that the police department has the right to act on its own if necessary.
(© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)

Posted on Fri, Feb. 01, 2008
Liberty City pastor charged with theft
BY SARAH TOMPKINS, JOSE PAGLIERY AND LUISA YANEZ, Miami Herald

A well-respected Liberty City pastor was arrested late Thursday and charged with stealing $10,000 earmarked for the low-income area, according to WFOR-CBS4.
The Rev. Gaston Smith, senior pastor of Friendship Missionary Baptist Church, faces second-degree grand theft charges.

Smith, 41, had been under investigation for several weeks by the public corruption unit of the Miami-Dade state attorney's office, sources told The Miami Herald. They were tracing money as part of a larger investigation on public corruption in the city of Miami.

The state attorney's office has been investigating controversial loans made by the Metro Miami Action Plan Trust. Two years ago, the trust presented Smith with a check at his church to be used for his congregation's financial needs.

According to WFOR-CBS4, Smith took a $25,000 county grant that was supposed to go to his nonprofit group Friends of MLK. The money was to be used to buy fliers and posters for community outreach, to help start an Internet website to promote local efforts, for an MLK fundraiser and to coordinate a senior citizens community garden.

Instead, Smith is accused of pocketing most of the money.

Smith's attorney, Lewis Tein, told WFOR-CBS4 that his client is innocent.

'Absolutely zero. Not a penny, not a nickel, not a dime. Every single dollar is accounted for. One hundred percent,' Tein told the TV station.

Smith is also a chaplain with the city of Miami Police Department. Just last month, he was asked to speak at the funeral of slain Miami Detective James Walker Jr.

Smith has received honors from the U.S. Congress, Miami-Dade County, the city of Miami and the Congressional Black Caucus.

In 2007, Smith was honored with a Pillar award by the Black Heritage Planning Committee of Miami-Dade County's Black Affairs Advisory Board, for his contributions to the South Florida community.

Smith was booked into the jail at 10:43 p.m. Thursday and posted $7,500 bond.