Arturo Godinez’s quest for release from the Broward County Jail, where he has begun a nine-year sentence for racketeering and conspiracy, was derailed yet again Thursday when a judge halted Godinez’s bond hearing to advise two of his character witnesses they could end up facing charges, as well.

Godinez, who was convicted in October of participating in an organized scheme to defraud unsuspecting drug consumers, is now the subject of a new criminal investigation: While in jail awaiting sentencing, a prosecutor says, Godinez instructed an employee to engage in “patient brokering,” both a state and federal offense.

Assistant Statewide Prosecutor Oscar Gelpi told a judge that neither Godinez’s wife, Judith, nor his colleague, Yona Montero, were likely to be immediately charged with a crime. Still, the judge interrupted Godinez’s hearing to advise the two women of their rights.

Godinez’s attorneys have argued that he should be granted bail while he appeals his convictions. Godinez, they say, supplied only authentic drugs to the ringleader of the conspiracy, and prosecutors failed to prove that anyone was harmed by the medications.

They argued that, at worst, Godinez violated state drug laws by selling prescription medications without a license, and the conspiracy charges should never been filed.

But after defense attorneys asked Broward Circuit Judge Jeffrey R. Levenson to grant bail, Gelpi argued that Godinez cannot be trusted outside prison to refrain from criminal activity. And he offered a piece of evidence no one expected: a recording from the jail in which, Gelpi said Wednesday, Godinez gave Montero a tutorial on how to broker patients.

“Mr. Godinez, in case you don’t know, they record all jail calls,” the judge said Thursday.

“I’m very much aware,” Godinez answered.

At a continuation of his bail hearing Thursday afternoon, Godinez’ lawyer said the Florida Department of Law Enforcement had opened an investigation into Godinez’s remarks during the 30-minute conversation.

Gelpi had hoped to call Judith Godinez and Montero, the marketing director of an assisted living facility Godinez once owned – Gelpi suggested Godinez still controls the home – to testify about the conversation, which occurred on Nov. 11 at 12:40 a.m.

But before either woman could take the witness stand, Levenson offered them some advice: Go get a lawyer.

Both state and federal law prohibit the paying or receiving of kickbacks for the referral of patients into health care programs, a practice that is commonly referred to as “patient brokering.”

Health care professionals who spoke before a task force that is recommending reforms to the assisted living industry suggested the business is rife with such corruption. The ALF work group was appointed by Gov. Rick Scott following a series of stories in The Miami Herald detailing the state’s failure to police the industry.

As an FDLE agent looked on, Levenson told Judith Godinez and Montero he would halt their testimony while they sought lawyers – a decision he suggested was in their best interests.

“It seems that a whole can of worms opened up as a result of your questioning yesterday,” Levenson told Montero, a 35-year friend of Godinez’s and the marketing director at Grant Court Lakes ALF. Montero had testified as a character witness for Godinez Wednesday before Gelpi called her back to the stand to discuss the Nov. 11 phone call.

Montero, at first, denied having discussed resident referrals with Godinez. After Gelpi played a tape of the conversation, which occurred in Spanish, she insisted the prosecutor did not understand what the two were discussing.

Levenson recommended Montero get “independent, sound legal advice on how to proceed in these proceedings. … Have you considered consulting an attorney?” he asked.

“I haven’t considered it at all, because I’ve done absolutely nothing wrong,” Montero replied. “I’m more than willing to speak. I have nothing to hide. Absolutely nothing.”

The judge then turned to Judith Godinez: “I’m sure this is a terrible situation,” he said, suggesting she hire a lawyer, as well.

If prosecutors compel the two women to testify under subpoena, Srebnick said, then nothing they say in court could be used against them later.

Before the hearing ended, the judge wondered out loud why the prosecutor waited until after the sentencing to mention the tapes.

“These allegations are very serious, very sobering,” Levenson said. “There was a picture painted of the defendant, and I gave great weight to that picture. This is contrary to that, and it’s something I would have considered at sentencing.”

The picture Levenson referred to was painted by a host of Godinez’s friends and relatives who testified Wednesday that the Cuban migrant was an honest, compassionate man who treated friends and employees like they were family. Godinez supporters filled Levenson’s entire courtroom Wednesday, some having to sit in a jury box.