Broward Judge Lisa Porter Dropped The Ball On “Rolex” Hooker Case
BY SAM FIELDS
There is a simple principle of law that says that you cannot use criminal money to pay for bail and lawyers.
Although I found no cases on point, I have little doubt that the principle applies to paying restitution…if a Prosecutor or Broward Circuit Judge Lisa Porter would raise the issue.
In the case of Subhanna Beyah, aka Crystal, last week, nobody bothered to check out where this 27 year old hooker got $20,000 to buy her way out of prison.
Subhanna Beyah, aka Crystal
They should have.
The Assistant State Attorney and Judge Porter dropped the ball.
In case you don’t recognize her name, you will probably recall the crime. Crystal and comely partners committed what became known as “Rolex Robberies”.
The Rolex Robbers targeted men wearing expensive Rolex watches and luring them back to a hotel room. They then drugged them, ripped off the pricey watches and anything else they could find.
Crystal is a career criminal who is already on probation in Dade for the identical scam.
In part to avoid a minimum sentence of 2 ½ to 45 years Crystal paid victim, 57-year-old Scott Rosen $20,000 in open court.
The restitution was a pittance compared to the $300,000+ that Rosen said she stole.
I have no sympathy for Rosen.
He had $300,000 in jewels in his hotel room and invites two strange women up for drinks. Either he knew they were hookers, and assumed all the risks that go with that, or was stupid enough to believe that two women less than half his age would have any social interest in him.
As they say: ”A fool and his money are soon parted.”
To the extent that Crystal was determined to be a victim of a lifetime of sex trafficking, I understand why Judge Porter cut her some slack.
But Crystal’s background is no excuse for letting her buy her way out of prison with money whose source was completely contrary to facts known to Judge Porter.
Less than a year ago Judge Porter declared Crystal indigent so that the taxpayers would pick up the costs associated with her defense. Now she has an unexplained $20,000 that is likely to be the proceeds of another crime.
It is a simple procedure for Judge Porter or the Prosecutor to demand that Crystal bring forth evidence to show the source of the money is legit.
Broward Circuit Judge Lisa Porter
They did nothing.
Crystal’s attorney told Judge Porter that an unnamed person loaned her the money. I’d sooner believe that she went to Merrill, Lynch and sold her Apple stock that she shorted at $130 a share.
The best bet is that Mr. Rosen was paid with money that was stolen from Mr. X.
When a Sun-Sentinel reporter pressed her for the source of the money, Crystal responded with a laugh and a smile on her face.
I’m not sure if the Prosecutor and Judge Lisa Porter were smiling. I do know they both had egg on their faces.
February 1st, 2016 at 8:06 am
There must be mystery bags full of $20,000 floating around all over Broward. How did this woman find her mystery bag? How did a Dania Beach commissioner find her mystery bag of $20,000 to pay back taxes on property owned by her “non profit” business?
Sounds like devious folks of all ilk can outfox the system.
February 1st, 2016 at 8:07 am
No surprise here, Sam. Porter never saw a criminal she couldn’t hand a light sentence.
February 1st, 2016 at 9:00 am
I find this article misguided in its intent and a mischaracterization of criminal justice work in Broward County.
As a practicing criminal defense attorney in Broward and also is a individual who has his hand in politics, this article attempts to be an exposé on a issue where in fact there isn’t one.
When an individual is mandated for certain punishment, i.e. State Prison, the legislature has created a fail safe in circumstances that allow for judges to take the matter into their own hands. These circumstances for downward departure, again legislatively created, allow for judges to cut breaks for first offenders, the mentally ill, the drug addicted, those who cooperate with law enforcement and also takes special consideration for cases where victims who are owed restitution, receive it.
Articles can be written any day in the courthouse for almost every good judge who uses there discretion and gives someone a break. This discretion doesn’t happen frequently enough and for this attempt to jade not only members of the judiciary who read this blog, but also insinuating one of the better circuit criminal court judges had some agenda is a travesty.
The next point I will make is with 17 circuit criminal judges, all of which I appear in front of on a almost daily basis, Judge Porter happens to be one of the knowledgable and investigative judges on the bench, and unless you were sitting in the courtroom during this sentencing (which I am sure you weren’t in attendence) or read the entire transcript, you should take heed when making a issue about a judgment and sentence that is routine in the building.
The final point is there were about 7 female defendants all charged in Broward with these types of crimes and all sentenced in different divisions to probation, a important point your article does not address.
February 1st, 2016 at 10:10 am
Sam, did you “lose” your Rolex and are too embarrassed to admit it?
Isn’t restitution SUPPOSED to be giving back the money you stole?
February 1st, 2016 at 11:18 am
Mr Sham raises a point that I have had to explain even to law professors in North America Europe Australia n New Zealand because of German n later Austrian Swiss Bank Lost Art Litigation both here n in Europe.
RESTITUTION is the process of returning something to its original owner who lost it thru an illegal act.
COMPENSATION is money or an asset given to someone when the object of the RESTITUTION cannot be returned. COMPENSATION also covers money or things given when an “act” that cannot be reversed should be.
I wish people learned words have neaning and not whatever meaning anybody wants to assign them. People should do more reading that talking.
At least Mr Sham can read n write.
February 1st, 2016 at 11:56 am
@Sam The Sham
Fields wears a Micky Mouse watch, which represents the way he represents clients.
February 1st, 2016 at 12:32 pm
>> He had $300,000 in jewels in his hotel room and invites two strange women up for drinks. Either he knew they were hookers, and assumed all the risks that go with that, or was stupid enough to believe that two women less than half his age would have any social interest in him.
Sam;
Victim blame much? Do you also find a woman’s short skirt a reason for her to be assaulted?
Let’s break down this adult style:
1. Guy invites a sex worker to his room
2. Figures he’s gonna pay a couple hundred bucks for the hour (or in your case, for a few minutes).
3. That’s the extent of the transaction.
Yeah, he took a risk, but don’t we take risks everyday? Isn’t that sort of life in a nutshell?
FROM BUDDY:
Good for you, Chaz.
February 1st, 2016 at 4:56 pm
Judge Porter is NOT a bleeding heart liberal. She was a prosecutor. I have always found her to be on the State’s side, not an easy Judge at all.
February 1st, 2016 at 8:59 pm
Number 3:
This is not downward departure, which is reducing the charges. This is the uneven imposition of a state law which mandates that the proceeds of criminal acts can not be used to in the defense of a crime.
February 1st, 2016 at 11:21 pm
“At least Mr Sham can read n write.”
Aw shucks, Count Chocula, you’re making me blush!
“Yeah, he took a risk, but don’t we take risks everyday? Isn’t that sort of life in a nutshell?”
Chaz, are you speaking from experience about hookers in your hotel room?
February 2nd, 2016 at 8:13 am
Dear JR
Nice response, but it was apparently intended for some other article since all I was writing about is following the law and vetting suspicious money.
Or do you think you should be allowed to knock off a bank on the way to sentencing to pay off your restitution?
Dear Sham,
You were close. Unfortunately for me, the hooker was severely near sided and mistook my TIMEX for a ROLEX.
Dear Chaz and Buddy,
Simply because you are the victim of a crime does not mean you cannot bear a certain level of responsibility for your unfortunate fate.
Depending on the jurisdiction, civil law calls it “Comparative” or “Contributory” Negligence”.
For example: You close your business and leave your door unlocked and the cash register open? In the case of a burglary, and depending on your policy, your insurance company might refuse to pay.
Your bastardization of the concept of “risk” is infantile and confuses “risk and reward” with excusing “gross negligence”— aka being a “damn fool”.
I’ll go one step further with Mr. Rosen and describe him as a “goddamn fool”.
He is drinking with hookers and invites them back to his house where the contemplated risk involves STD’s.
He does not even bother to take the precaution of putting $300,000 in diamonds in a home safe and thus, in a careless act, he needlessly elevated his own risk by a factor of 10.
They’re criminals and Rosen is an idiot!
Don Corleone said it best: “Women and children can afford to be careless, men can’t”.
February 4th, 2016 at 3:22 pm
Your most compelling gripe about Judge Porter, one of the most intelligent, thoughtful, and truly neutral (at best, from the defense perspective) judges in the courthouse, is that she went too easy on a lady who paid a victim back 20k, because she did not properly vet the restitution???? AND you’re a defense attorney??????
Congrats, man, I doubt I could be more blown away by the unimaginable stupidity it took to actually submit your article for publication. Wow.
February 4th, 2016 at 5:44 pm
And did he truly have $300,000 worth of jewels? Or is this a way to deal with something else involving the jewels?
February 5th, 2016 at 12:40 am
The part I just noticed is the 20 000 dollars came from an Indigent defendant! You mean we the taxpayers pay for Indigent defedants with 20 O00 dollars in cash around the house? Seems like the taxpayers also got ripped off!