Crime

Ex-GOP state Sen. Artiles sentenced to 60 days in scheme to throw election against Democrat

Frank Artiles, left, wipes away tears as his wife speaks on his behalf during his sentencing Monday, Nov. 18, 2024, at the Miami-Dade County Courthouse. The former Florida state legislator, a Republican, was sentenced to 60 days in jail and five years probation after he was convicted of a campaign scheme that likely stole the election of a Florida Democratic state senator.
Frank Artiles, left, wipes away tears as his wife speaks on his behalf during his sentencing Monday, Nov. 18, 2024, at the Miami-Dade County Courthouse. The former Florida state legislator, a Republican, was sentenced to 60 days in jail and five years probation after he was convicted of a campaign scheme that likely stole the election of a Florida Democratic state senator. cjuste@miamiherald.com

Frank Artiles, a former Marine and Republican state senator convicted last month of orchestrating a ghost candidate scheme that likely stole an election from a Democrat, was sentenced Monday to 60 days in jail, five years of probation and 500 hours of community service.

But it will be a while — if ever — before Artiles, 51, spends time behind bars or begins mentoring military veterans as part of his community work. That’s because after Miami-Dade Circuit Court Judge Miguel de la O read the sentence, he also agreed to stay the order until after the defense appeals the verdict with the higher court.

The judge’s order also forbids the former legislator from future work in the political realm. In a prepared statement read at the conclusion of the sentencing, de la O said he agreed with the jury verdict, but refused to let politics play into his sentencing decision. The judge also withheld adjudication, which means Artiles is not considered a convicted felon and maintains his civil rights.

“I think our tribal, poisoned politics got the better of Mr. Artiles and he lost sight of right and wrong. Although the money was nice, I suspect the rush of beating the other side was also motivation,” said de la O, who also told Artiles he can no longer participate in politics other than voting. “No consulting, no fundraising, nothing.”

Miami-Dade Circuit Court Judge Miguel M. De la O sentences former Republican state Sen. Frank Artiles to 60 days in jail, public service, withhold of adjudication, and five-year probation on Monday, Nov. 18, 2024, in Miami, Florida.
Miami-Dade Circuit Court Judge Miguel M. De la O sentences former Republican state Sen. Frank Artiles to 60 days in jail, public service, withhold of adjudication, and five-year probation on Monday, Nov. 18, 2024, in Miami, Florida. Carl Juste cjuste@miamiherald.com

Artiles and family members left quickly without speaking to the media. Outside the courtroom, defense attorney Jose Quinon said it’s been a tough four years for the former legislator’s family, who have had to endure a “barrage” of publicity.

“He’s been punished quite a lot,” Quinon said.

Lead state prosecutor Tim VanderGiesen and co-counsel William Gonzalez, who secured conviction at the end of a two week trial in October, left quickly and quietly after the sentencing. Defense attorneys promised an appeal.

Legislative career ends abruptly

Artiles, who has shaped political campaigns as a lobbyist and consultant since his legislative career came to an abrupt halt in 2017, was found guilty last month of campaign finance violations in a case built around political operatives and a “ghost candidate” who likely tipped a tight election.

During the two-week trial, VanderGiesen, the Miami-Dade assistant state attorney, told jurors how a shadowy but powerful Republican Party operative reached out to Artiles for help in the 2020 race for the District 37 Senate seat, which at the time covered a large swath of Miami-Dade County from Miami Beach south, down through Palmetto Bay and Cutler Bay.

Jurors were also told how Artiles was the architect of a plan to run and promote a machine parts salesman named Alexis Rodriguez as a third-party candidate in the 2020 race in order to siphon votes from the Democratic front-runner who shared his last name, Jose Javier Rodriguez.

Alexis Rodriguez testifies as prosecutor Timothy M. VanderGiesen presents evidence during the trial of Frank Artiles, the former Florida GOP senator accused of paying a ghost candidate more than $40,000 in cash and gifts to influence a Florida Senate seat election with a heavily favored Democratic candidate, Friday Sept. 20, 2024. Artiles was convicted and sentenced to 60 days in jail and five years’ probation, Monday, Nov. 18, 2024.
Alexis Rodriguez testifies as prosecutor Timothy M. VanderGiesen presents evidence during the trial of Frank Artiles, the former Florida GOP senator accused of paying a ghost candidate more than $40,000 in cash and gifts to influence a Florida Senate seat election with a heavily favored Democratic candidate, Friday Sept. 20, 2024. Artiles was convicted and sentenced to 60 days in jail and five years’ probation, Monday, Nov. 18, 2024. Pedro Portal pportal@miamiherald.com

The plan worked and Ileana Garcia, a former Spanish radio host and founder of Latinas for Trump, defeated Jose Javier Rodriguez by 32 votes. Alexis Rodriguez — running as an independent on the same platform as the Democrat — was promised $50,000 by Artiles and garnered more than 6,000 votes.

Alexis Rodriguez’s payday came in various forms, jurors were told. He received four payments totaling $22,000 in cash and another $22,000 through tuition payments for his daughter, money alleged to be going to the purchase of a truck for Artiles’ daughter and reimbursements.

In total, the state said Alexis Rodriguez collected $44,708.03 in cash and gifts. Artiles was paid $90,000 to help win Miami-Dade races by Data Targeting founder Patrick Bainter, the man who hired him and a top consultant for Florida’s Senate Republicans. Bainter deposited another $100,000 in a political action committee associated with Artiles.

Defense attorneys portrayed Alexis Rodriguez as a con man and an opportunist who saw dollar signs after being contacted by Artiles, and who tried to milk the former senator for all he could.

Officially, Artiles was found guilty of excessive campaign contributions, conspiracy to commit excessive contributions and falsely swearing an oath, all felonies that could have carried five-year sentences. He was cleared of a fourth charge, aiding a false registration. He is married and has two daughters.

Artiles served three terms in the Florida House before winning a Senate seat in 2016. But his senate term unraveled quickly a year later when he resigned after being accused of using racial slurs and uttering profanities while talking to a group of Black elected leaders in a Tallahassee bar.

Defeated Democrat fears slap on wrist

Monday’s hearing began with statements from Jose Javier Rodriguez, who now serves as assistant secretary for the Labor Department in Washington. Rodriguez served two terms as a state House member and was elected to his state Senate seat in 2016 before his stunning loss four years later.

The assistant labor secretary said his camp was unaware of the Republican plot to steal his seat until late in the race, not long after Alexis Rodriguez qualified. That’s when, Javier Rodriguez said, $300,000 worth of fliers supporting the independent candidate who shared his platform, began showing up districtwide.

Asked if believed the plan unraveled his chances at winning, Jose Javier Rodriguez said, “Yes, I do.”

“It’s not with a great deal of joy that I’m here. But I think it’s extremely important because the Tallahassee power-brokers seem to keep getting away with it,” he said. “My fear is that a slap on the wrist will not have a deterrent effect.”

Speaking on behalf of her husband, Aimee Artiles fought to hold back tears as she explained what a loving wonderful father her husband of 23 years is to their two daughters and how he’s been “vilified by the media.”

“Our family has been under a dark cloud for the past four years,” she said.

.Aimee Artiles, the wife of the former Florida state legislator Frank Artiles, reacts after Miami-Dade Circuit Court Judge Miguel M. De la O sentences her husband to 60 days in jail, the withhold of adjudication, and five years probation, Monday, Nov. 18, 2024, in Miami, Florida. Artiles was convicted of orchestrating a ghost candidate scheme in a Florida state senate race in which the Republican candidate won by 32 votes against an established Democratic incumbent.
.Aimee Artiles, the wife of the former Florida state legislator Frank Artiles, reacts after Miami-Dade Circuit Court Judge Miguel M. De la O sentences her husband to 60 days in jail, the withhold of adjudication, and five years probation, Monday, Nov. 18, 2024, in Miami, Florida. Artiles was convicted of orchestrating a ghost candidate scheme in a Florida state senate race in which the Republican candidate won by 32 votes against an established Democratic incumbent. Carl Juste cjuste@miamiherald.com

Though an appeals court date is a long way off, de la O scheduled a status update on the case in his courtroom for Dec. 18.

This story was originally published November 18, 2024 at 4:41 PM.

Charles Rabin
Miami Herald
Chuck Rabin, writing news stories for the Miami Herald for the past three decades, covers cops and crime. Before that he covered the halls of government for Miami-Dade and the city of Miami. He’s covered hurricanes, the 2000 presidential election and the Marjory Stoneman Douglas mass shooting. On a random note: Long before those assignments, Chuck was pepper-sprayed covering the disturbances in Miami the morning Elián Gonzalez was whisked away by federal authorities.
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