Carlos Hernandez testifies in Robaina trial, admits crime

Carlos Hernandez testifies in Robaina trial, admits crime
  • Sumo
hernandezcourt
El Nuevo Herald photo stolen from twitter. Don’t know who the photog is yet.

Hialeah Mayor Carlos Hernandez — who has been denying allegations for years that he committed felony usury — took to the stand in his predecessor’s trial and admitted that he loaned money at 36% interest to a convicted Ponzi schemer who is now the feds’ star witness in the tax evasion and fraud trial against former Hialeah Mayor Julio Robaina and his wife.

Ladra wasn’t there. A conflicting obligation kept me away from the courthouse this morning (though sources had told me to be there because it could happen). A little birdie let me know after the trial broke for lunch and Enrique Flor already reported that much in El Nuevo Herald online. A staff photographer tweeted this picture (above) of Hernandez arriving at the courthouse with his Chief of Staff, Arnie Alonso, close behind.

What inquiring minds want to know is what did Hernandez say about Robaina? After all, the mentor is the one on trial here. Perhaps prosecutors were simply establishing that 36% was the going rate at the 1st Hialeah Bank of Julito. That is twice the legal 18% rate Florida law caps for loans under $500,000. Perhaps Hernandez, who obviously got into the shadow banking business through his political mentor, told the court that Robaina told him to charge that much.

juliocarlos
Would you borrow money from either of these men?

Either way, it doesn’t look good for Robaina.

Other obvious questions to Ladra right now is (1) why wasn’t Hernandez on the original witness list if he said that he had been summoned to testify two weeks ago? (2) Might this mean the elusive mistress that prosecutors say is why Robaina took cash payments also testify (she was not on the list either)? (3) Is Absentee Ballot Queen Sasha Tirador, who has represented both mayors, having a conflicting moment? And (4) Why didn’t Robaina’s defense attorney — who has painted Luis Felipe “Felipito” Perez as a criminal who would say anything to get time off — ask Hernandez, during cross, if he had gotten immunity in exchange for his testimony? Seems like a relatively boilerplate question to ask, to throw some shadow of doubt toward the jury, no?

Yes, dear readers, sources have told Ladra that Hernandez — like Councilwoman Vivian Casals-Munoz, expected on the stand this afternoon, and others testifying — have been promised immunity. That would mean that Hernandez — who we now know committed the same crimes as Robaina (who is likely bound for prison) — will never be charged. In connection to this, anyway. There’s plenty more for the feds to look at (read: call me).

But maybe, just maybe, this hampers his chances of re-election in 2017. Oh, who am I kidding? This is Hialeah, we’re talking about. The voters there are not big on squeaky clean candidates. They once re-elected former Mayor Raul Martinez after a federal indictment he was eventually acquitted on.

Of course, Martinez didn’t take the stand and admit he was a felon. Quite a different scenario here, no matter how many times Hernandez calls himself a victim of Felipito Perez.

Better yet, does anyone know if Gov. Rick Scott — who has an arguably tough re-election of his own much closer — has any discretion about suspending elected officials? Must they be indicted or charged with a crime first?

Or is it enough if they, say, just admit to a felony under oath in a trial against their one-time political mentor?

Or, and here’s my last question for now, will Hernandez just get away with it — like he gets away with every other abuse he commits — and continue “serving the public” like nothing happened?

12 Responses to "Carlos Hernandez testifies in Robaina trial, admits crime"

  1. Carlos Hernandez AKA ( THE ROCK, because he is just that dumb as a ROCK )thinks his a thug but in the real world just a RAT what a punk ass, piece of garbage.

  2. I am grateful to the contributors posting above who have real, learned insight into our legal system that somehow allows an elected official to confess his sins in court , and walk away uncharged. “Say three Hail Marys and make a prayer of contrition to the ‘Statue’ of Limitations.” Oh, but this is Hialeah. Maybe a bath in white flowers and an animal sacrifice would be more appropriate. One other aspect of Hernandez’s crime, be it a misdemeanor or felony, comes to mind. Often it is not the crime, but the coverup that gets punished, as was the case with Martha Stewart. Martha was found guilty of conspiracy, making false statements and obstruction of justice; not the actual insider trading that initiated the criminal probe. Didn’t Hernandez lie, before he confessed? Now the better question is, did he lie to Federal investigators and prosecutors? Some of the above contributors, have real answers; while others of us, are merely observers, and chroniclers of the never ending drama that is Hialeah. Yes, another chapter in the glorious story of Hialeah, A Tale of Two Mayors.

    A Tale of Two Mayors
    Both did the crime
    But only one
    Will serve the time

  3. In the hoopla of this soap opera there is a little nugget we’ve bypassed. Vivian Casals -Munoz is a participant in a criminal conspirecy and should be charged as well. This is the same city official who contracted boleteras and boleteros to collect absentee ballots for Kathy Rundle and Mayor Carlos Gimenez in 2012. If the feds knew what they were doing, Casals-Munoz’s immunity would be contingent with her providing evidence of how she procured those boleteras for campaign manager Al Lorenzo and helped the two listed officials win by fraudulent means. Hey Esteban Bovo, how is that pucker factor? Go get ’em boys, the sky is the limit here!

  4. Did I read someplace that Raul Martinez is attending the trial? If true how low can that guy get. So sad.

  5. Pepa is correct Feds have no usury laws thats for states to regulate and in FLO RIDA its only a 2nd Degree Misdemeanor at 35% BTW Pawn Shops charge 10% a Month thats 120%APR. Julio’s problem allegedly is not usury but failing to declare the Income to the IRS that’s a Federal Crime.
    Plus I would bet that the Statute of Limitations on any violations on Carlos’s loans has run out. The only question is did he pay his taxes on his interest income?

  6. There is no such thing as federal usury. In paragraph 3 of your blog, you correctly reference Florida’s usury statute (Fla. Stat. s 687 et seq.). In paragraph 10 of the blog, you indicate that Mayor Hernandez has admitted to a “federal felony” at trial under oath and then suggest he should be suspended by the Governor.

    Let’s go back to the Florida Statutes, section 687.071(2) in particular. Charging interest in excess of 25% but less than 45% is only a second degree misdemeanor! That’s somewhere along the lines of jay walking in the justice system. Not exactly an admission to “being felon.”

    Mayor Robaina is not on trial for loan sharking. He is on trial for allegedly failing to pay tribute to Uncle Sam and then lying about it.

    Big difference.

  7. So in essence, from the news I read, Mayor Hernandez just snitched on Robaina; in turn sending him and his wife equally to prison. Great loyalty. Didn’t Robaina give you a gracious gift of a $300,000.00 salary that which your pension is now based off of?
    Way to say thank you. We all knew you were useless as a cop who never wanted to be bothered, but even you are not above the law.
    I pray the governor intervienes and removes you from office as you clearly admitted to commuting a felony today.
    Just so you know.

    Officer Ricky Garcia is smiling down from heaven above
    Punk!

  8. Someone you know,
    You said: In Hernandez’s case, he might not be able to be recalled for misfeasance or malfeasance if the usury did not happen while he was in office as Mayor and not connected with his official duties.
    Not so fast. Where exactly was this mayor in 2011? Council President? CAN YOU SAY ELECTED OFFICIAL?

  9. The Governor’s power to suspend municipal officials is limited. Section 7(c), Article IV, Florida Constitution, provides:

    “(c) By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these powers are vested elsewhere by law or the municipal charter.”

    So a municipal official needs to be indicted or arrested.

    The Governor does have the power to suspend a state official or a county officer for “malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform his official duties, or commission of a felony, and may fill the office by appointment for the period of suspension.” This does not require an indictment.

    In Hernandez’s case, he might not be able to be recalled for misfeasance or malfeasance if the usury did not happen while he was in office as Mayor and not connected with his official duties.

  10. “What a shame” is all that comes to mind in this case. How on earth can a MAYOR admit to partaking in a crime that will send his predecessor to prison as he walks away free. Where does Governor Rick Scott sit on this issue? It is disgusting in my mind that a city would allow its mayor to continue in office or rather a Governor, who is up for reelection, would allow this to slip by. Besides addressing the Absentee ballot fraud issues and immigration he must address the politicians under his watch who have deceived the public and this is one of them. CLEAR CUT one of them. Absolutely Shameful.
    What is it with that city?

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