Miami-Dade police officer convicted in lewdness case

A Miami-Dade police officer, who routinely stopped women drivers without cause and engaged in lewd conversations, was convicted in federal court Friday.

Prabhainjana Dwivedi, a seven-year veteran, was found guilty on six of seven counts of depriving people of their civil rights. He was found not guilty on the seventh count involving an undercover police officer.

Following the ruling, U.S. District Judge Jose Martinez immediately remanded Dwivedi back into custody pending sentencing scheduled for sometime in April, according to prosecutor Karen Gilbert. The trial began Monday.

Dwivedi faces up to a year in prison for each count.

A grand jury indicted Dwivedi after he was arrested by FBI agents Sept. 5 at Miami-Dade police headquarters.

Dwivedi, 33, was charged after an investigation into complaints filed for stops made in May and June of 2011 in which he detained “numerous women” for “unreasonable” length of time “without probable cause, reasonable suspicion or other lawful authority to conduct a stop,” a criminal complaint said.

None of the questionable stops were ever listed on his daily reports or called into dispatch.

According to the complaint, Dwivedi who worked overnight patrolling an area from Key Biscayne to Jackson Memorial Hospital, stopped a 24-year-old bartender who was driving from South Beach to Broward County on her way home from work at about 5:30 a.m. on June 25, 2011, in the area of the Golden Glades interchange.

The bartender, identified as M.F., was accused by Dwivedi of driving under the influence. Pleading her innocence, she requested to have a sobriety test performed. Her request was refused.

Noticing a child’s safety seat in the back seat, Dwivedi threatened M.F. that she would lose custody of her son if she were to be arrested on DUI charges, the criminal complaint said. Then the conversation turned sexual.

According to the complaint, Dwivedi, began to inquire about her surgically enhanced breasts and asked “if she had any scars or incisions from the surgery.”

Dwivedi then asked to see the scars. M.F. obeyed, lifting her shirt and exposing her breasts.

According to the complaint written by FBI special agent Susan Funk, “M.F. stated that Dwivedi did not touch her breast.”

, Dwivedi then allowed her to drive home, but said he would follow her to make sure she got safely home. Once at M.F.’s residence, Dwivedi said he was thirsty and asked for a glass of water. Once inside her home, he lingered for an hour speaking of his personal life.

In the end, Dwivedi left without ever reporting anything to dispatch or making any notes of the stop in his daily reports, the criminal complaint said.

A month earlier, Dwivedi made another questionable stop.

According to the complaint, Dwivedi stopped a19-year-old woman at 2:20 a.m. on May 27, 2011, on her way home from a nightclub with two friends. The woman, identified, as A.R., was informed the traffic stop was a result of a failure to turn on her headlights.

Dwivedi also claimed she was driving under the influence, but A.R. disputed the accusation.

A.R. was instructed to sit in the back seat of his marked cruiser and then Dwivedi “instructed A.R. to lower the zipper on the front of her dress down past her breasts to her mid-stomach” according to the complaint.

An hour and 20 minutes later, A.R. was on her way home without any citation and Dwivedi again made no mention or note of the stop, the complaint said.

Miami Herald staff writer Jay Weaver contributed to this report.

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City recovering from snowstorm that dumped roughly a foot of powder on NY, NJ

REUTERS

A man operates a snow plow in New York on Saturday.

New Yorkers have started digging themselves out from the blizzard that hit the city overnight.

The snow had stopped in Manhattan by early Saturday morning, but other areas saw more than two feet of powder and significant power outages.

Some spots on eastern Long Island got as much as 30 inches.

FOLLOW @NYPMETRO ON TWITTER FOR THE LATEST ON THE STORM

Totals in New Jersey ranged from 5-15 inches, with the highest snowfalls spread across the northern part of the state while other areas were spared.

The National Weather Service reports River Vale in northern Bergen County got 15 inches. West Milford, Hillsdale and Scotch Plains all got more than a foot of snow. Cedar Grove residents woke up to about 10 inches of snow Saturday morning.

Newark had been projected to get up to a foot of snow or possibly more but received about 5 or 6 inches. About 5 inches fell on Jersey City and about 6 inches fell at Newark Airport.

More than 28 inches of snow had fallen on central Connecticut by early Saturday, and areas of southeastern Massachusetts, Rhode Island and New Hampshire notched 2 feet or more of snow — with more falling.

Meanwhile, the snow total in Central Park was 11.4 inches by 8 a.m.

"We think we're in great shape. We were lucky...Looks like we've dodged a bullet," Mayor Bloomberg said at a Saturday morning press conference in Queens.

Bloomberg said all city streets will be cleared of snow by the end of Saturday and that all primary, most secondary and "60 percent" of tertiary streets have already been plowed.

Bloomberg said New York City can offer equipment and manpower if other communities need help with snow removal.

Bloomberg gave a briefing at a sanitation garage in Queens. He said the Sanitation Department has deployed 2,200 pieces of equipment and will have every street plowed by the end of the day.

New Jersey Transit resumed bus service north of Interstate 195 as of 7 a.m. Saturday, including service into New York's Port Authority Bus Terminal.

NJ Transit suspended all northern bus service Friday evening due to treacherous driving conditions.

Rail service on the Morris & Essex, Montclair-Boonton and Midtown Direct lines remains suspended from Friday but officials were taking steps to expedite the restoration of service once inspections were conducted.

More than 5,300 flights through Saturday were still cancelled, though and JFK and LaGuardia airports in New York are still closed, as is Boston's Logan Airport.

But, Newark Airport is scheduled to reopen at 8:30 a.m. Saturday after being closed overnight, according to the Federal Aviation Administration.

REUTERS

A woman takes a photo of a snow man that was erected at the fountain at Lincoln Center during New York Fashion Week on Friday.

At least five deaths were being blamed on the storm, three in Canada and two in upstate New York. In southern Ontario, an 80-year-old woman collapsed while shoveling her driveway and two men were killed in car crashes. In New York, a 74-year-old man died after being struck by a car in Poughkeepsie; the driver said she lost control in the snowy conditions, police said.

A 23-year-old man in Germantown, NY has died after he went off the edge of a roadway while plowing his driveway with a farm tractor in Columbia County, state police said.

Troopers say the accident happened shortly after 9 p.m. Friday, about 35 miles south of Albany. The National Weather Service says about 7.5 inches of snow has accumulated in that area overnight. The tractor rolled down a 15-foot embankment.

The man was pronounced dead at Columbia Memorial Hospital. His name hasn't been released.

More than 650,000 people across the Northeast were without power this morning, with most of the outages occurring in New England.

New York City has suffered surprisingly few power outages during the snowstorm that raged overnight, but eastern Long Island is a different story.

Wendy Lang of National Grid says there are about 10,000 customers without electricity this morning on the island, most in hard-hit eastern Suffolk County.

She says they can get most customers back on line within 24 hours if crews can reach them.

Long Island got the heaviest snow, according to the National Weather Service, which said 30.3 inches fell on Upton and several towns topped two feet.

Con Edison spokesman Mike Clendenin says the city has just 317 customers out, 206 in Brooklyn. No outages were reported in Westchester County.

In New Jersey, the state's two largest utilities were reporting minimal outages as of Saturday morning.

Public Service Electric & Gas says it had 16 customer outages as of 5:30 a.m. Saturday. At one point 2,200 customers in Elizabeth were affected, but PSE&G says they were restored Friday night. Jersey Central Power & Light, the state's second-largest utility, reports 16 outages at 7 a.m.

It's a far cry from the 2.7 million customers left in the dark after Superstorm Sandy last October, or a similar number affected by a snowstorm in October 2011.

Forecasters said wind gusts exceeding 75 mph could cause more widespread power outages and whip the snow into fearsome drifts.

On Saturday, Connecticut Gov. Malloy ordered all roads closed until further notice, saying that stalled or abandoned vehicles will only slow the recovery process. The storm dumped more than 2 feet of snow over much of the state.

State police spokesman Lt. J. Paul Vance says drivers and even some troopers have been getting stuck on the snow-covered highways. He said a pedestrian was struck by a vehicle and killed Friday night in Prospect.

Vance said troopers are still out responding to calls but it's imperative that people stay off the roads.

In New York City, there will be delayed openings at public libraries in all five boroughs. Most will be open from noon until 5 p.m.

With Post Staff

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IRS dealt a setback on tax preparer regulations

To help combat fraud by tax preparers, the Internal Revenue Service created the “Registered Tax Return Preparer” program. Then just before the tax season got under way, the agency was told by a federal judge that it doesn’t have the authority to regulate the hundreds of thousands of tax preparers covered under the program.

Although some tax-return preparers are licensed by their states or enrolled to practice before the IRS, many don’t have to pass a government or professionally mandated competency test to prepare a federal return. When the IRS issued its last “dirty dozen” tax scams, return preparer fraud was third on the list.

“Tax return preparers sometimes alter return information without their clients’ knowledge or consent in an attempt to obtain improperly inflated refunds or to divert refunds for their personal benefit,” wrote Nina E. Olson, the national taxpayer advocate, in her most recent report to Congress. “Often, the refunds are directed to an account in the preparer’s control.”

In other instances, preparers lure clients by promising large refunds even before reviewing their tax information.

The IRS program would have required any individual who is compensated for preparing or assisting in the preparation of a return to obtain a preparer tax identification number, pass a qualifying exam and complete annual continuing-education requirements.

Three independent tax preparers joined the Institute for Justice in challenging the IRS’ authority to create the program. Recently, Judge James E. Boasberg of the U.S. District Court for the District of Columbia ruled against the agency.

Said Dan Alban, the lead attorney on the case: “The licensing requirements harmed the ability of mom and pop operations to compete with big tax preparation firms. Two of the three plaintiffs would have been put out of business because of the cost of complying with the regulations.”

The ruling now means tax return preparers who would have been covered by the program are not required to complete competency testing or secure continuing education, the IRS said. However, all paid preparers are still required to have a preparer tax identification number.

There are tax professionals — attorneys, certified public accountants and enrolled agents — who were exempt from the program but are licensed by state or federal authorities and are subject to censure, suspension or disbarment from practice before the IRS in the event of wrongdoing. The ruling does not affect the regulatory requirements for these professionals.

Still hoping to continue with the regulatory program, the IRS asked the court to delay the ruling pending its appeal. The motion was denied.

“The IRS continues to have confidence in the scope of its authority to administer this program and is working with the Department of Justice to address all options, including a planned appeal,” the agency said in a statement.

In response to the lawsuit, the IRS said it has established 250 testing centers, that the program has cost more than $50 million to roll out, and nearly 100,000 preparers have registered to take the competency test.

When the IRS first announced the program, I was in favor of licensing preparers. Though many tax professionals do their jobs well, there are enough unscrupulous preparers to warrant some changes. Olson, the national taxpayer advocate, has recommended that Congress enact a federal registration, examination, certification and enforcement program for unenrolled tax-return preparers. “Creating a class of certified return preparers is a very positive step toward combating fraud,” she said in her report.

But perhaps Judge Boasberg has it right. He said his ruling doesn’t require the IRS to dismantle the registration scheme.

The IRS “may choose to retain the testing centers and some staff, as it is possible that some preparers may wish to take the exam or continuing education even if not required to,” Boasberg said in his decision. “Such voluntarily obtained credentials might distinguish them from other preparers.”

And some preparers might still take the exam in case his ruling is reversed on appeal, “just as the IRS may similarly decide it is financially more prudent not to shutter the centers in hopes of an appellate victory or congressional action,” Boasberg wrote.

“We have no opposition to preparers going through the program voluntarily,” Alban said. “If you are in the market looking for a new tax preparer, there could be value in selecting one with the registered tax return preparer certification. Keeping it voluntary allows consumers to decide what’s important rather than the IRS.”

I see great service to consumers in the IRS preparer program. So until things are settled, Boasberg offers a good compromise.

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Squatter Lokiboy evicted from Boca Raton mansion

BOCA RATON --
Infamous squatter Andre Barbosa has been evicted from a Boca Raton mansion, police said.

Bank of America retook possession of a $2.5 million home where the 23-year-old Brazilian national had been staying since December.

Bank representatives, with the assistance of police, cleared out the foreclosed home at 580 Gold Harbor Dr. at about 1:30 p.m. Thursday.

There was no one inside and the home’s locks were changed, said Officer Sandra Boonenberg, spokeswoman for Boca police.

Barbosa, also known as Lokiboy954, had been occupying the home since filing an “adverse possession” claim in December.

Adverse possession was created hundreds of years ago when hand-scrawled property records could more easily be lost, damaged or muddled. Allowing for adverse possession kept land in productive use when ownership was unclear, or, for example, the owner died with no heirs.

If the person claiming adverse possession stays in the home for seven years, paying taxes and caring for the property, they can take permanent ownership.

Barbosa is not facing any charges at this point and police are not actively searching for him, Boonenberg said.

Bank of America issued a statement regarding Thursday’s action.

“We appreciate the assistance of local authorities and the patience of neighbors as we worked to have the trespassers removed.

“We take trespassing seriously and, in the interest of the community, we will take appropriate legal action to protect this and all properties we service.”

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City Council to probe rising school bus costs at hearing

The City Council is set to tackle skyrocketing school bus costs at a hearing today in a bid to explain why the number of routes has ballooned over the past decade — even though ridership plunged dramatically.

Since 2000, the number of students getting yellow bus service plummeted by nearly 30,000 — to 139,000 last year.

Yet the number of routes jumped from 5,400 to more than 6,700 — nearly doubling overall yellow bus costs to a whopping $1 billion.

The many factors that have driven up yellow bus costs include:

• The Department of Education added nearly 300 routes for summer school busing in 2000 and 700 routes for a new extended school day in 2005

Reuters

• Bus companies have gotten an average payout increase of 3.1 percent each year since 2001 — plus an additional 5.5 percent bump in 2005

• Between 2009 and 2012, bus drivers and matrons got annual raises of 1 percent, 2 percent, 3 percent and 4 percent from the bus contractors Much of the cost spike has come from special education busing, where routing is more complicated because of limits on how long some kids can stay on a bus.

The city put an average of nearly 17 special education kids on each yellow bus in 2000, but last year that figure was just 12 kids per bus, according to DOE data.

The bus workers’ union — which has been on strike since Jan. 16 because the city removed employee protection clauses from newly-bid contracts — has cited poor routing as one of the main problems.

An independent consulting firm had the same concerns in 2007.

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Need a copy of your home’s deed? It’s cheaper to do it yourself

Homeowners who received letters recently from a company offering to sell them a copy of the deed on their home might want to think twice before writing a check.

The official-looking letters from Florida Certified Record Retrieval state that the government recommends having a certified copy of their home’s deed.

The letter offers to provide such a copy for a fee of $50, plus $4.50 for postage and handling.

Technically, it’s not a scam. The Davie-based company, which is not accredited by the Better Business Bureau, will get the record for you.

A recorded message on the company’s answering service states that Florida Certified Record Retrieval is not affiliated with any state or government agency. It is a private company that buys lists of real estate transactions, which are public record.

The message also states the company has no access to original documents, and cannot change information — such as correcting misspelled names — on a certified copy of a deed.

Although what the company does is not illegal, homeowners can buy copies of a deed directly from their county’s clerk of courts for much less, said David Rooney, Division Chief of Recording at the Miami-Dade Clerk of Courts Office.

To get a copy of your deed:

In Miami-Dade, visit www.miami-dadeclerk.com and select “official record search.” Records are searchable by name.

A scanned copy of the record can be printed from the website, or you can order certified copies of the deed from the same screen.

Copies cost $1 per page, plus a certification fee of $2 per document. The records are mailed within a week.

In Broward, visit www.broward.org, click on “Public Records Search” and then on “Deeds.”

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Jury awards girl sexually assaulted on school district bus $1.7 million

WEST PALM BEACH --
Minutes after a jury late Wednesday awarded a mentally challenged Pahokee girl $1.7 million for the trauma she suffered when she was raped on a Palm Beach County school bus when she was 3, the girl’s mother rushed toward those who had given her daughter a second chance.

“Wait,” she called out just before they filed out the door. “I want to thank all of you.”

In turn, she hugged each of the four women and two men who rejected the school board’s claims that her daughter wasn’t hurt by the 2007 attack. School board attorneys argued the girl was too young and too mentally disabled to understand what a 15-year-old emotionally disturbed youth did to her on the bus filled with special needs kids.

With tears streaming down her face, the mother looked at the girl’s father. Both heaved sighs of relief.

“It means a lot to me,” she said of the verdict. “My daughter finally got justice.”

The School Board never denied the girl was molested. Both the bus driver and the aide who was on the bus to protect the students were fired. The aide, Grenisha Williams, was convicted of child neglect in connection with the incident and put on probation. Sexual battery charges were filed against J.C. Carter, the youth school police said assaulted the child. The School Board even changed policies, decreeing that young children should no longer be allowed to ride buses with older kids.

But, the district never agreed to compensate the now 9-year-old girl for the trauma that her attorneys argued exacerbated her considerable learning problems.

“I think the jury got it,” attorney Stephan Le Clainche said.

Despite School Board attorneys’ claims to the contrary, he said: “The jury realized that any child of a tender age who is the victim of physical or sexual violence is going to carry the stain of it their entire life.”

But, he acknowledged, the battle is far from over. Under Florida law, government agencies in 2007 could only be forced to pay $100,000 for injuries caused by their wrongdoing. (The cap on so-called sovereign immunity, that comes from the English concept that the King can do no wrong, has since been raised to $200,000.) But to get more than $100,000, the girl’s attorneys must now persuade a typically stubborn Florida Legislature to life the cap so the girl can get the $1.7 million the jury said she deserves.

“We have a long road to go,” Le Clainche said. The $100,000 will barely cover the court costs that included paying $25,000 to a psychiatrist who persuaded the jury that the girl carries deep psychological scars that will take years of counseling and private schooling to salve.

The mother said she was well aware of the looming battle. “I’ve been waiting all this time. I guess I can wait some more,” said the mother, who lost her job as a cook when the always shaky economy in the Glades got even worse in the recent recession.

Jurors declined comment on the verdict, as did attorneys representing the school board. Attorney Scott Krevens said they don’t comment on pending litigation.

But the two sides argued their cases vigorously Wednesday in their last appearances before the jury after a five-day trial.

Attorney Tom McCausland, one of the school board’s two attorneys, suggested that the jury give the girl $250,000 for the pain she endured on the day of the attack and $31,000 for family counseling.

“A quarter-million dollars is a way of saying we’re sorry it happened,” he said.

Le Clainche bristled at McCausland’s suggestion that the money was an apology and not a recognition that the girl needs years of therapy.

McCausland insisted the girl has no memory of the attack. “Her brain has not been able to form to grasp the event,” McCausland told jurors. “This very, very heinous act, fortunately, is not something the girl remembers.”

Le Clainche translated McCausland’s argument this way: “Your harm is worth nothing because you’re already damaged.” Then, he added, “That is an incredible, outrageous defense.”

The psychiatrist hired by the girl’s team testified that the attack stymied the girl’s emotional and intellectual growth. A psychologist hired by the school board told jurors trauma doesn’t affect cognitive development.

In the end, it was clear the jury accepted the long-standing child-rearing concept that early childhood development impacts a youngster’s entire life.

About two hours into their deliberations, the jurors sent out a question: “Can the possibility of future sexual problems be considered as future pain and suffering?”

Circuit Judge Glenn Kelley said they could.

Less than 15 minutes later, they announced their verdict.

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9 luxury cars stolen from NY dealership

Police are looking for the thieves who took off in nine Mercedes-Benz vehicles from the parking lot of a suburban New York dealership.

New Rochelle police say the cars were worth a total of $800,000.

They say the suspects entered the lot after breaking the lock on a fence of Pepe Luxury Cars. They then allegedly found the keys to the cars and drove off.

Police believe the vehicles were stolen sometime between Saturday and Sunday afternoon.

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American Airlines-US Airways merger may be announced soon

FORT WORTH --
A merger between American Airlines and US Airways could be announced as early as next week as the two companies move closer to finalizing details of a deal, sources familiar with the negotiations say.

Neither airline's board has met to formally approve a union, however. The AMR Corp. board is expected to meet early next week.

US Airways Chief Executive Doug Parker is likely to lead the merged carrier, while AMR Chief Executive Tom Horton may serve as chairman for a specific period before departing, according to one source, who declined to be identified because the talks are private.

Discussions are also ongoing over the financial aspects. Creditors and bondholders at AMR have agreed on an equity split, sources said, though they cautioned that details could change.

Wall Street Journal reported Wednesday that American creditors would own about 72 percent of the airline and US Airways shareholders about 28 percent, although those figures are tentative.

Both American and US Airways, which have signed a nondisclosure agreement, declined to comment.

The management plan being discussed is similar to what happened when United Airlines merged with Continental Airlines in 2010.

United CEO Glenn Tilton was named chairman while Continental Chief Executive Jeff Smisek kept the CEO and president titles. Tilton stepped down as chairman at the end of 2012.

An American-US Airways merger would create the largest airline in the U.S., with over $38.7 billion in revenue and more than 100,000 employees. The combined company is expected to retain the American Airlines name and be based in Fort Worth.

Wall Street analysts began speculating about a merger as soon as AMR filed for bankruptcy in November 2011. In April, Parker negotiated conditional labor agreements with American's three major unions and began to publicly advocate for a merger.

Until midsummer, Horton insisted that American would emerge from bankruptcy as a stand-alone carrier and evaluate possible partners afterward.

But pressure from creditors rose and merger discussions intensified when US Airways signed a nondisclosure agreement with American in August.

That allowed the two companies to share financial information and discuss the benefits and challenges of a merger.

Horton began to publicly discuss a possible merger within bankruptcy in the fall. After American's pilots union ratified a new contract in December and agreed to a memorandum of understanding on terms for a merger, a deal with US Airways has become increasingly more likely, analysts have said.

Executives at both companies, along with American's unsecured creditors committee and an ad hoc bondholder group, have been meeting in recent weeks to discuss a possible merger.

Previous media reports said the bondholders had signed a nondisclosure agreement that expires Feb. 15.

The agreement gives debt owners access to the discussions but restricts them from trading AMR or US Airways debt, giving them incentive to push for a quick deal.

On Friday, the US Airways pilots union is scheduled to release the results of a vote to approve or reject a memorandum of understanding with the carriers. Like the agreements signed by American's three major unions, it would outline details such as pay and seniority integration in a merger.

If the US Airways pilots reject the memorandum, it could delay a possible merger announcement. The airlines and the creditors committee had invited several unions into merger discussions to get a clearer picture of the labor costs that a combined airline may incur.

Last week, American asked the Bankruptcy Court to extend its exclusivity period to file a reorganization plan until April 15 from its current deadline of March 11.

If the carriers and the creditors committee work out a merger deal, the Bankruptcy Court would need to give other creditors time to examine it before approving a merger agreement.

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Miami Heat has scholarships for graduation high school seniors

The Miami Heat is offering South Florida high school seniors college scholarships for the 2013-2014 school year.

Four scholarships of $2,500 each will go to seniors who excel in academics and community service.

One of the four scholarships is reserved for a student who plays sports.

Applicants must have at least a 3.2 grade point average by their final semester in high school, attend school in Miami-Dade, Broward or Palm Beach counties, be accepted to an accredited four-year college or university and demonstrate financial need.

Applications are available at nba.com/heat/community/community_education_scholarships.html and must be submitted by April 6.

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