Management firm owners charged for federal condo fraud in Collier, Lee
A federal grand jury has indicted the owners of American Property Management Services, who are accused of stealing millions of dollars from several community organizations in Southwest Florida.
Orlando Miserando Ortiz and his spouse Lina Munoz Posada are accused in the 17-count indictment, which was submitted in January, of wire fraud, conspiring to launder money, and neglecting to file income tax reports, according to a recent article by Dan Glaun of Naples Daily News.
“That is news to me, and encouraged news,” said attorney Jason Mikes, who represented the community associations in a lawsuit against APMS. “I was worried that it would never result in anything.”
The Naples Daily News / The News-Press was informed by the U.S. Attorney Roger Handberg’s office that Ortiz and Posada are not under arrest. Federal court records show that Ortiz and Posada have not listed an attorney and have not responded to any court orders.
In January 2022, thirty-five community groups located in Collier and Lee counties filed a lawsuit against American Property Management Services, claiming that the company had stolen millions of dollars from the communities and had fabricated documents to cover up the alleged theft.
Similar accusations are made in the federal indictments against Ortiz and Posada, who are accused of embezzling money and forging false bank statements to the associations in order to cover up their theft.
According to the associations, APMS took over their Wells Fargo bank accounts and pilfered funds that were required for emergency situations, utilities, and vendor payments. In court documents, APMS stated that its clients were aware of and in agreement with its operations, and it refuted any wrongdoing.
However, in November, following the withdrawal of APMS’s attorneys and the company’s inability to find new counsel, a Collier County court granted a default judgment in favor of the groups.
After winning the lawsuit, the groups were able to retrieve almost $1.3 million, according to Mikes, but millions more are still missing. According to him, while insurance plans kept some associations whole, others suffered losses because they lacked enough coverage.
According to Mikes, “Any money that remained in the Wells Fargo bank accounts was given back to the appropriate associations. It’s obvious that wasn’t all the money they lost.”
In January 2022, APMS, which had its incorporation in Naples in 2008, suddenly closed its doors. Due to nonpayment of rent, the company was forced to vacate its office location.
Following another 2019 incident in which the Eagle Creek homeowners association in Naples claimed that APMS had taken more than $200,000 without authorization, state regulators later terminated APMS’s registration. In 2021, the state Department of Business and Professional Regulation settled the issue between the corporation and Ortiz for $1,000 in fines; however, the money was never paid.
Additionally, in 2020, APMS was awarded $245,000 in federal COVID relief funding.
This article originally appeared on Naples Daily News
