David Rivera, after nine years, it’s time to accept the consequences of your illegal actions | Editorial
We have one thing to say to David Rivera: Pay up.
The ex-congressman, ex-Florida legislator and current FBI person of interest has been been evading punishment for almost a decade in a case of political skulduggery that netted federal criminal convictions for the other two main players while Rivera skated.
This time, though, it’s a federal judge who is ordering him to fork over a $456,000 penalty to the Federal Elections Commission for violating campaign-finance laws in 2012 and secretly funneling campaign cash to a ringer candidate in a failed attempt to gain an edge in the congressional election for himself.
U.S. District Judge Marcia Cooke sided with the FEC in her ruling two weeks ago, finding that Rivera knowingly broke the law and harmed public confidence in the elections system with his “brazen” violations.
And Cooke took one more step that speaks volumes about Rivera’s reputation as a political escape artist. She noted that the former U.S. congressman has continued to run for office, has refused to take responsibility for his illegal conduct and may run again. So she prohibited Rivera, point-blank, from pulling the same sort of trickery again.
‘Egregious’ actions
The conduct is already illegal, of course, but the judge — who called Rivera’s behavior “egregious” — apparently felt that laws alone aren’t enough to give pause to such a determined lawbreaker.
It’s easy to see why, given Rivera’s track record. He has avoided charges involving a secret casino consulting deal that sparked Internal Revenue Service attention and a state investigation into allegations that he used campaign accounts to pay for personal expenses. He also repeatedly dodged nearly $58,000 in penalties on ethics violations.
That’s all in addition to the 2012 case, first revealed by the Miami Herald nine years ago. Rivera, a Republican, was running for reelection to the 26th Congressional District when he used GOP political consultant Ana Alliegro as an intermediary to direct about $76,000 in campaign money to straw candidate Justin Lamar Sternad in the Democratic primary. Federal authorities said Rivera hoped to weaken his rival, Democrat Joe Garcia, who eventually won anyway.
Sternad and Alliegro both pleaded guilty and wound up with federal criminal convictions. Rivera, however, managed to avoid all criminal charges.
He can afford it
The FEC sued him when he wouldn’t pay the fine. At first, it seemed things were going Rivera’s way again. Cooke — appointed by President George W. Bush — tossed out the suit in 2018. But the FEC refiled the case using a different legal tactic and this time, Cooke sided with the commission.
And as the judge noted in her ruling, Rivera can afford to pay: His company got $15 million for a $50 million consulting contract with the U.S. subsidiary of Venezuela’s state-owned oil company, according to a breach-of-contract lawsuit. He’s been under investigation since late 2017 by the FBI for that contract.
Even back in 2015, when he had to file a financial-disclosure form as a congressman, his net worth was $1.5 million.
Rivera’s lawyer told the Miami Herald Editorial Board that Rivera is expected to appeal. Rivera has maintained his innocence all this time, telling Miami Herald reporter Alex Daugherty in a text message when ruling came out that the case is “all based on lies, innuendo, hearsay and fake news.”
The judge didn’t buy it. No one should. . It’s time for Rivera, that master at avoiding consequences, to finally pay up.
This story was originally published March 11, 2021 at 6:00 AM.