Miami-Dade police officer convicted in lewdness case

A Miami-Dade police officer, who routinely stopped women drivers without cause and engaged in lewd conversations, was convicted in federal court Friday.

Prabhainjana Dwivedi, a seven-year veteran, was found guilty on six of seven counts of depriving people of their civil rights. He was found not guilty on the seventh count involving an undercover police officer.

Following the ruling, U.S. District Judge Jose Martinez immediately remanded Dwivedi back into custody pending sentencing scheduled for sometime in April, according to prosecutor Karen Gilbert. The trial began Monday.

Dwivedi faces up to a year in prison for each count.

A grand jury indicted Dwivedi after he was arrested by FBI agents Sept. 5 at Miami-Dade police headquarters.

Dwivedi, 33, was charged after an investigation into complaints filed for stops made in May and June of 2011 in which he detained “numerous women” for “unreasonable” length of time “without probable cause, reasonable suspicion or other lawful authority to conduct a stop,” a criminal complaint said.

None of the questionable stops were ever listed on his daily reports or called into dispatch.

According to the complaint, Dwivedi who worked overnight patrolling an area from Key Biscayne to Jackson Memorial Hospital, stopped a 24-year-old bartender who was driving from South Beach to Broward County on her way home from work at about 5:30 a.m. on June 25, 2011, in the area of the Golden Glades interchange.

The bartender, identified as M.F., was accused by Dwivedi of driving under the influence. Pleading her innocence, she requested to have a sobriety test performed. Her request was refused.

Noticing a child’s safety seat in the back seat, Dwivedi threatened M.F. that she would lose custody of her son if she were to be arrested on DUI charges, the criminal complaint said. Then the conversation turned sexual.

According to the complaint, Dwivedi, began to inquire about her surgically enhanced breasts and asked “if she had any scars or incisions from the surgery.”

Dwivedi then asked to see the scars. M.F. obeyed, lifting her shirt and exposing her breasts.

According to the complaint written by FBI special agent Susan Funk, “M.F. stated that Dwivedi did not touch her breast.”

, Dwivedi then allowed her to drive home, but said he would follow her to make sure she got safely home. Once at M.F.’s residence, Dwivedi said he was thirsty and asked for a glass of water. Once inside her home, he lingered for an hour speaking of his personal life.

In the end, Dwivedi left without ever reporting anything to dispatch or making any notes of the stop in his daily reports, the criminal complaint said.

A month earlier, Dwivedi made another questionable stop.

According to the complaint, Dwivedi stopped a19-year-old woman at 2:20 a.m. on May 27, 2011, on her way home from a nightclub with two friends. The woman, identified, as A.R., was informed the traffic stop was a result of a failure to turn on her headlights.

Dwivedi also claimed she was driving under the influence, but A.R. disputed the accusation.

A.R. was instructed to sit in the back seat of his marked cruiser and then Dwivedi “instructed A.R. to lower the zipper on the front of her dress down past her breasts to her mid-stomach” according to the complaint.

An hour and 20 minutes later, A.R. was on her way home without any citation and Dwivedi again made no mention or note of the stop, the complaint said.

Miami Herald staff writer Jay Weaver contributed to this report.

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State of Union to focus on economy

WASHINGTON — President Barack Obama will focus his State of the Union address on boosting job creation and economic growth at a time of high unemployment, underscoring the degree to which the economy could threaten his ability to pursue second-term priorities such as gun control, immigration policy and climate change.

Obama also may use Tuesday's prime-time address before a joint session of Congress to announce the next steps for concluding the U.S.-led war in Afghanistan by the end of 2014.

Obama's State of the Union marks his second high-profile speech to the nation in about three weeks, after his inaugural address Jan. 21 that opened his second term. White House aides see the two speeches as complementary, with Tuesday's address aimed at providing specifics to back up some of the Inauguration Day's lofty liberal rhetoric.

The president previewed the address during a meeting Thursday with House Democrats and said he would speak "about making sure that we're focused on job creation here in the United States of America." Obama said he would try to accomplish that by calling for improvements in education, boosting clean energy production, and reducing the deficit in ways that don't burden the middle class, the poor or the elderly.

While those priorities may be cheered by some Democrats, they're certain to be met with skepticism or outright opposition from many congressional Republicans, especially in the GOP-controlled House. The parties are at odds over ways to reduce the deficit. Republicans favor spending cuts; Obama prefers a combination of spending cuts and increasing tax revenue.

The president said he would address taxes and looming across-the-board budget cuts, known as the sequester, in the speech. The White House and Congress have pushed back the automatic cuts once, and Obama wants to do it again in order to create an opening for a larger deficit reduction deal.

"I am prepared, eager and anxious to do a big deal, a big package that ends this governance by crisis where every two weeks or every two months or every six months we are threatening this hard-won recovery," he said last week.

The economy has rebounded significantly from the depths of the recession and has taken a back seat for Obama since he won re-election in November. He's instead focused on campaigns to overhaul the nation's patchwork immigration laws and enact stricter gun control measures following the massacre of 20 schoolchildren in Newtown, Conn., in December.

The president also raised expectations for action this year on climate change after devoting a significant amount of time to the issue in his address at the inauguration.

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IRS dealt a setback on tax preparer regulations

To help combat fraud by tax preparers, the Internal Revenue Service created the “Registered Tax Return Preparer” program. Then just before the tax season got under way, the agency was told by a federal judge that it doesn’t have the authority to regulate the hundreds of thousands of tax preparers covered under the program.

Although some tax-return preparers are licensed by their states or enrolled to practice before the IRS, many don’t have to pass a government or professionally mandated competency test to prepare a federal return. When the IRS issued its last “dirty dozen” tax scams, return preparer fraud was third on the list.

“Tax return preparers sometimes alter return information without their clients’ knowledge or consent in an attempt to obtain improperly inflated refunds or to divert refunds for their personal benefit,” wrote Nina E. Olson, the national taxpayer advocate, in her most recent report to Congress. “Often, the refunds are directed to an account in the preparer’s control.”

In other instances, preparers lure clients by promising large refunds even before reviewing their tax information.

The IRS program would have required any individual who is compensated for preparing or assisting in the preparation of a return to obtain a preparer tax identification number, pass a qualifying exam and complete annual continuing-education requirements.

Three independent tax preparers joined the Institute for Justice in challenging the IRS’ authority to create the program. Recently, Judge James E. Boasberg of the U.S. District Court for the District of Columbia ruled against the agency.

Said Dan Alban, the lead attorney on the case: “The licensing requirements harmed the ability of mom and pop operations to compete with big tax preparation firms. Two of the three plaintiffs would have been put out of business because of the cost of complying with the regulations.”

The ruling now means tax return preparers who would have been covered by the program are not required to complete competency testing or secure continuing education, the IRS said. However, all paid preparers are still required to have a preparer tax identification number.

There are tax professionals — attorneys, certified public accountants and enrolled agents — who were exempt from the program but are licensed by state or federal authorities and are subject to censure, suspension or disbarment from practice before the IRS in the event of wrongdoing. The ruling does not affect the regulatory requirements for these professionals.

Still hoping to continue with the regulatory program, the IRS asked the court to delay the ruling pending its appeal. The motion was denied.

“The IRS continues to have confidence in the scope of its authority to administer this program and is working with the Department of Justice to address all options, including a planned appeal,” the agency said in a statement.

In response to the lawsuit, the IRS said it has established 250 testing centers, that the program has cost more than $50 million to roll out, and nearly 100,000 preparers have registered to take the competency test.

When the IRS first announced the program, I was in favor of licensing preparers. Though many tax professionals do their jobs well, there are enough unscrupulous preparers to warrant some changes. Olson, the national taxpayer advocate, has recommended that Congress enact a federal registration, examination, certification and enforcement program for unenrolled tax-return preparers. “Creating a class of certified return preparers is a very positive step toward combating fraud,” she said in her report.

But perhaps Judge Boasberg has it right. He said his ruling doesn’t require the IRS to dismantle the registration scheme.

The IRS “may choose to retain the testing centers and some staff, as it is possible that some preparers may wish to take the exam or continuing education even if not required to,” Boasberg said in his decision. “Such voluntarily obtained credentials might distinguish them from other preparers.”

And some preparers might still take the exam in case his ruling is reversed on appeal, “just as the IRS may similarly decide it is financially more prudent not to shutter the centers in hopes of an appellate victory or congressional action,” Boasberg wrote.

“We have no opposition to preparers going through the program voluntarily,” Alban said. “If you are in the market looking for a new tax preparer, there could be value in selecting one with the registered tax return preparer certification. Keeping it voluntary allows consumers to decide what’s important rather than the IRS.”

I see great service to consumers in the IRS preparer program. So until things are settled, Boasberg offers a good compromise.

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Teen actress Bailee Madison to kick off children’s 5K in Broward

Teen actress Bailee Madison will be the official race starter for the I Care I Cure Childhood Cancer Foundation’s 6th annual 5K walk/run on Sunday. Madison, 13, has acted in Disney Channel’s “Wizards of Waverly Place” and the 2012 family comedy “Parental Guidance,” and is national youth spokesperson for the Alex’s Lemonade Stand Childhood Cancer Foundation.

The I Care I Cure 5K race will begin at 7:30 a.m. at the BB&T Center, 2555 NW 136th Ave., Sunrise, and is open to adults and children. Post-race Family Fun Day activities organized by the I Care I Cure Foundation will last until 11 a.m.

Registration money will support research into gentler treatment options for childhood cancers.

Advance registration through icareicure.org is $25 for adults and $20 for children. Race day registration is an extra $10.

Registration includes a T-shirt, food and drinks, and access to Family Fun Day activities.

To learn more, call 800-807-8013.

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House of Lies Exclusive Clip Lisa Edelstein First Look

Lisa Edelstein became one of the most adored actors on television after spending seven years playing Dr. Cuddy on House. But for her latest small screen endeavor, Edelstein is trading one "House" for another as she guest stars on Showtime's sensational House of Lies, beginning February 17 -- and ETonline has your exclusive first look at her in action!

RELATED - 12 Actors You Didn't Know Were on The West Wing

On Lies, Edelstein plays Brynn, a smart and sexy political consultant whom comes up against The Pod. And as you can see from our first look video, Marty instantly takes a shine to the bold and brash brunette.

RELATED - Kristen Bell & Don Cheadle Talk House of Lies

But how brave will Marty be with his heart? Watch House of Lies every Sunday at 10 p.m. to find out!

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Brooklyn teacher's aide pleads guilty to producing child porn

A teacher’s aide pleaded guilty today to producing a homemade child porn film inside a New York City grammar school.

Taleek Brooks, who worked at PS 243 in Crown Heights, admitted that he had produced a video of a student entrusted to his care while the child was engaged in explicit sexual activity.

"I was responsible for the filming of a minor masturbating," Brooks told Brooklyn federal Magistrate Judge Roanne Mann.

Brooks, 42, also conceded that he sent digital files over the Internet via a file sharing Web site to an undercover FBI agent, saying the files included another pornographic video showing an adult sexually assaulting a child.

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Taleek Brooks.

He will face from 15 to 50 years in prison when he is sentenced this summer, according to a plea agreement with Brooklyn federal prosecutors.

Brooks was on the staff at the Brooklyn public school - also referred to as "The Weeksville School" - for nearly two decades until FBI agents arrested him early last year.

The feds discovered more than 1,000 digital files of children as young as 10 posing in explicit photos during a search of his house.

Those developments prompted an aggressive FBI probe and eventually led investigators to believe that Brooks was molesting school children entrusted to his care, after they found child porn videos on his computer hard drive that were filmed inside several classrooms.

Agents interviewed teachers, school staff, parents, and children, in an effort to determine the extent of Brooks' alleged damage.

City Schools Chancellor Dennis Walcott also visited the elementary school, and the school's principal called the molestation allegations “deeply troubling news."

The former school staffer is still awaiting trial in separate criminal case leveled by the Brooklyn District Attorney's Office, charging him with two counts of sexual contact with a child and one count of endangering the welfare of a minor.

Brooks, who earned $37,000 a year as a teacher's aide, was assigned to a small, special-education classroom with one teacher and 12 kids at the school.

A disquieting photograph posted on Brooks’ blog on the elementary school's Web site showed him dressed as the Easter Bunny and surrounded by young children in a playground.

The blog was taken down after his arrest.

mmaddux@nypost.com

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Sign up for Feb. 21 Miami Herald Small Business Forum

Prepare your best pitch for the Miami Herald’s Small Business Forum, Feb. 21 at the south campus of our sponsor, Florida International University.

In addition to how-to panels and inspirational stories from successful entrepreneurs, our annual small business forum will include interactive opportunities with experts to learn about financing options and polish your personal and business brands.

During our finance panel, audience volunteers will be invited to explain their financing needs to the group. During our box-lunch session, they will be invited to pitch their business or personal brand to our coaches.

Those who prefer just to listen will be treated to a keynote address by Alberto Perlman, co-founder of the global fitness craze Zumba. Panels include success stories from the local entrepreneurs who founded Sedano’s, Jennifer’s Homemade and ReStockIt.com; finance tips from experts in small business loans, venture capital, angel investments and traditional bank loans; and insiders in the burgeoning South Florida tech start-up scene.

Plus, it’s a real bargain. $25 includes the half-day seminar, continental breakfast and a box lunch.

Register here.

Program

8 a.m.

Registration and continental breakfast, provided by Bill Hansen Catering

8:30 a.m. Welcome

Host: David Suarez, president and CEO, Interactive Training Solutions, LLC

•  Jerry Haar, PhD, associate dean & director, FIU Eugenio Pino and Family Global

Entrepreneurship Center

•  Alice Horn, executive director, Network for Teaching Entrepreneurship (NFTE South Florida)

•  Jane Wooldridge, Business editor, The Miami Herald

Miami Herald Business Plan Challenge Overview:

•  Nancy Dahlberg, Business Plan Challenge coordinator, The Miami Herald

8:45 a.m. Session I – Success Stories

Moderator: Jerry Haar, PhD, associate dean & director, FIU Eugenio Pino and Family Global

Entrepreneurship Center

Speakers:

•  Jennifer Behar, founder, Jennifer’s Homemade

•  Matt Kuttler, co-president of ReStockIt.com

•  Javier Herrán, chief marketing officer, Sedano’s Supermarkets

10 a.m. Session II – All about Tech

Moderator: Jane Wooldridge, Business editor, The Miami Herald

Speakers

•  Susan Amat, founder, Launch Pad Tech

•  Nancy Borkowski, executive director, Health Management Programs, Chapman Graduate School of

Business, Florida International University

•  Mark Slaughter, CEO, Cohealo.com

•  Chris Fleck, vice president of mobility solutions at Citrix and a director of the South Florida Tech Alliance

11:15 a.m. Keynote

Speaker: Alberto Perlman, CEO and co-founder of Zumba® Fitness

Introduction: Jane Wooldridge, business editor, The Miami Herald

11:45 a.m. Session III – Show me the money: Financing your small business

An interactive session featuring audience volunteers who will be invited to make a short investment pitch before a panel, including experts in microlending, SBA loans, traditional bank loans, venture capital and angel investing. Audience volunteers should come prepared with a two-minute presentation that includes details about current backing, how much money they are seeking and a brief synosis of ow that money would be used.

Moderator: Melissa Krinzman, founder and managing director, Venture Architects

Panelists:

•  Marjorie Weber, chairman, SCORE of Miami-Dade

•  Cornell Crews, Jr., program director, Partners for Self Employment

•  Darius G. Nevin, co-founder, G3 Capital Partners, a mid-market and early-stage investment company

•  Boris Hirmas Said, chairman of the board, Tres Mares S.A. (Santiago, Chile) and entrepreneur in

residence at the Eugenio Pino and Family Global Entrepreneurship Center

1 p.m. Lunch session - Polish your Pitch, Brighten Your Personal Brand

An interactive session featuring audience volunteers who will be invited to make short pitches about their businesses and themselves. Audience volunteers should come prepared with a two-minute presentation.

Coaches: Melissa Krinzman of Venture Architects and Michelle Villalobos of Mivista Consulting

advise audience volunteers on how to best pitch themselves and their products.

Box lunch provided by Bill Hansen Catering

All speakers confirmed unless otherwise noted. Agenda is subject to change without notice .

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Murder charge dropped in Miami Gardens self-defense case

Prosecutors on Thursday dropped a murder charge against a man who claimed self-defense in fatally shooting an armed teen during a June 2010 brawl in Miami Gardens.

Travis Cooper, 28, had been charged with second-degree murder in the killing of Gregory Gant, 16.

The men were part of two groups of fighting men. Cooper claimed Gant pistol-whipped a friend of his, then “pointed the gun in his direction.”

Cooper, a security guard who had a concealed weapons permit, shot and killed Gant. He later called police.

“It’s a relief. They charged me with second-degree murder for no reason,” Cooper said Thursday, flanked by lawyers Andrew Rier and Jonathan Jordan.

Prosecutors decided they could not defend a request for immunity filed under Florida’s Stand Your Ground law, which gave judges greater leeway to throw out criminal cases.

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Pat Houston Says She will Be Attending Clive Davis' Grammy Party

Though Whitney Houston tragically passed away just hours before Clive Davis' Grammy party last year -- which she had planned on attending -- Whitney's sister-in-law Pat Houston tells ET that she and Whitney's brother Gary will in fact be attending Davis' annual Grammy party on February 9.

Pics: Remembering Whitney on Her Birthday

"You know what, we're actually going to California to support Clive, who was such an important part of Whitney’s life," Pat confirmed to ET during the unveiling of Madame Tussauds' four wax figures of the late singer in New York. "I mean, that was her industry father and he really, really was ... my husband and I -- Gary and I -- will definitely be there this weekend for the Grammy party to support Clive. Absolutely."

Video: Whitney Houston's Autopsy -- An Expert Weighs In

Davis' Grammy party will be held at the Beverly Hilton in Beverly Hills, California, the very same hotel where Whitney died. The room where she passed away, No. 434, has since been taken out of circulation.

This year's party guest list includes Jennifer Hudson, Usher, David Guetta and more, but it is not known whether there will be a planned tribute regarding the one year anniversary of Whitney's death.

The 2013 Grammy Awards airs this Sunday, at 8 p.m. on CBS.

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Nassau County Executive Ed Mangano charged with illegal solicitation and expenditure of campaign funds

Nassau County Executive Ed Mangano's political opposition has submitted a criminal complaint to the state Attorney General and the Board of Elections - charging Mangano with illegal solicitation and expenditure of campaign funds.

Nassau County Democratic Chairman Jay Jacobs filed the complaint saying Mangano's campaign collected more than $70,000 in corporate contributions, many of which were made by firms doing business with Nassau County.

The complaint alleges that Deputy County Executive Rob Walker solicited the money through the Hicksville Republican Club. Jacobs says that Walker and Mangano violated campaign finance contribution limits by illegally contributing funds to support Mangano's reelection campaign.

Events included hosting a fundraiser in a $200,000 luxury box at Met Life Stadium and a golf fundraiser at Disney World. Jacobs said Mangano also had a September 2012 Bruce Springsteen fundraiser at MetLife Stadium.

"Mangano and Walker are enjoying their 'Glory Days' in a luxury suite purchased with a pile of illegal campaign cash," said Jacobs.

But Mangano's spokesman shot back: "The only campaign Jay Jacobs knows is one of mudslinging and slander," said Brian Nevin

"All campaign contributions were properly reported and the campaign will take the necessary steps to address any contributions that exceeded the cap."

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