Judge dismisses amended corruption complaint against Miami's ADLP

Former Miami Commissioner Alex Diaz de la Portilla just keeps on winning.

After getting 11 felony charges, including bribery and money laundering, dropped in November, Diaz de la Portilla won another court ruling Thursday when a judge dismissed a civil lawsuit from a lobbyist who says he was shaken down for a vote on a city contract. The judge ruled that the former commissioner has “legislative immunity” for his actions.

“This legal barrier prevents this Court from speculating as to Portilla’s ill motive and intent. Without that ability, the Court is left with a blanket analysis of actions only,” wrote Miami-Dade Circuit Judge Mavel Ruiz. “If Portilla’s actions were legislative, the Court is forbidden from delving into his ultimate intent. It goes without saying that this limitation does not extend to his cohorts. Their intent – unprotected by legislative immunity – can be speculated about and considered.

“Voting is the quintessential legislative act of an elected official.”

So, it’s not that he didn’t do it. The judge didn’t say that Diaz de la Portilla didn’t extort the lobbyist or, more precisely, his client. It’s just that it was part of his job to shake these people down.

Ruiz cited caselaw that “holds that legislative immunity is very broad.” Indeed.

“Based on legislative immunity, courts have dismissed claims even where the defendant has admitted taking bribes where legislative activity formed a critical element – the causal element – of the plaintiff’s claim,” Ruiz wrote.

It’s the second time Ruiz dismisses this civil case, brought by former State Rep. Manuel “Manny” Prieguez, a former Diaz de la Portilla inside circle pal who helped fund his election in 2019, for the same reason of “legislative immunity.” The first time she allowed Prieguez to file an amended complaint. Not this time. This time it was dismissed with prejudice, because there were no major differences between the first and second complaint. That means Prieguez can only appeal. He has 30 days to decide.

Background: In and around October of 2020, Diaz de la Portilla and two of his associates met with the longtime operator of the Rickenbacker Marina, Aabad Melwani, to talk about the renewal of his contract and redevelopment of the marina and, allegedly, insisted that one of his lackeys, Anibal Viera-Duarte, become a silent partner in the deal. Prieguez was Melwani’s lobbyist and his lawsuit claims that Diaz de la Portilla would only vote for him to keep the operating and redevelopment contract if Viera-Duarte (read: ADLP) got a piece of the pie.

Former Miami Commissioner Humberto “Bert” Hernandez — who was removed from office twice amid accusations of absentee ballot fraud, mortgage fraud and federal bank fraud, for which he was sentenced to four years in prison — was one of the ADLP associates who were involved in these meetings, some of which took place at his family’s mattress warehouse in Allapattah and others at the East Hotel in Brickell where Diaz de la Portilla stayed for weeks on another lobbyist’s dime, which was part of the criminal case against him that the Broward State Attorney’s office bungled.

Diaz de la Portilla should really play the lottery. Or just buy a scratch off ticket.

Instead, he’s thinking about countersuing Prieguez for damages.

“I won. The lying scumbag lost. More justice is on the way,” he texted Ladra this week. “Once again, the justice system has exonerated me from the baseless lawsuit filed against me for political purposes by lying lowlife lobbyist Manuel Prieguez.

“Lowlife Prieguez has for too long polluted the court record with his fictitious and malicious narrative serving no purpose other than to interfere with my election and defraud the court. Lying Prieguez will soon find out that his lies have consequences as his day of full reckoning fast approaches,” Diaz de la Portilla said.

He has long claimed that this was a political hatchet job. The lawsuit was filed in September of 2023, less than two months before the election he lost to Commissioner Miguel Gabela, who Prieguez also helped financially.

Diaz de la Portilla says he is owed $50 million and threatens “a number of lawsuits based on reputational harm election interference, malicious intent, etc,” he texted, threatening Ladra, for the gazillionth time, that she will be sued also. “We have them where we want them and you will not be left behind… have a good 2025.

“And a good lawyer,” Diaz de la Portilla added, with a laughing emoji.

There are a few problems with that. One is reputational harm, which might have been the better reason for the laughing emoji. It sure made Ladra laugh. Because ADLP has a long standing reputation as a Republican bad boy and pay-to-play crook who abuses his power. Remember, this is an elected who gave $175,000 in Miami’s anti-poverty funds to the former chair of his political action committee for some “legal aid operation” for which Political Cortadito has asked but gotten no work product from the city.

The other is that Prieguez — now a “lying lowlife” but once ADLP’s close friend — was, probably, not lying. Melwani, who was not a party in the lawsuit — and, of course, he is still operating the marina so he can’t be — could have confirmed everything if he had been subpoenaed.

Which is why this should be a criminal case. The only reason it’s not, sources say, is because Melwani won’t cooperate.

Why is it that private citizens like Prieguez and and Little Havana businessman Bill Fuller — the owner of the Ball and Chain Lounge who won a first amendment lawsuit against Commissioner Joe Carollo for his abuse of power targeting the business for political reasons — the ones taking these bad politicos to court?

Where is the cavalry?

Meanwhile, this winning streak of ADLP’s may continue. He has threatened to run for Miami mayor.

Alex Diaz de la Portilla, Manny Prieguez

Judge dismisses amended corruption complaint against Miami’s ADLP added by Ladra on January 18, 2025
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