Article Courtesy of The Sun Sentinel

By Rafael Olmeda

Published April 27, 2013

One of the three remaining defendants accused of bilking Hallandale Beach condo owners out of $3 million in a kickback scheme has been diagnosed with Alzheimer's disease and is incompetent to stand trial, lawyers told a Broward judge Thursday.

The diagnosis all but ends proceedings against Angel Ramos, 83, whose case was severed from those of co-defendants Robert Hittner, 65, and Ira Silver, 68. Broward Circuit Judge Michael Robinson ruled that Ramos' case would be revisited in the future and reopened if he somehow regains competency, but with an Alzheimer's diagnosis, prosecutors and defense lawyers agree such an outcome is unlikely.

"He's clearly incompetent and unable to understand the proceedings against him," said Ramos' lawyer, David Bogenschutz. "You don't regain competence when you're an Alzheimer's patient."

Prosecutor Don Tenbrook said Ramos' case will be dismissed without prejudice after five years, if Ramos survives that long. Dismissal without prejudice allows prosecutors to reopen the case should circumstances change.

Ramos is a former maintenance supervisor at the Parker Plaza Estates, a 520-unit high rise condominium building at 2030 S. Ocean Drive. Hittner was the building manager, and Silver was a plumbing contractor. Prosecutors accuse the three of inflating the cost of work at the building and requiring contractors to kick back the extra money, which the three allegedly split and pocketed.

The purported scheme was discovered in 2005 after unit owners, upset about a proposed $14.3 million assessment, began scouring the association's books and uncovered numerous discrepancies. The investigation that followed lasted two years, concluding with the defendants' arrest in May 2007.

The investigation also snared Joseph Greenberg, the former head of the condo association. Greenberg reached a plea deal in 2007 and agreed to repay $250,000 and serve seven years of probation. He also gave up ownership of his condo unit, which at the time was valued at $290,000.

The case against Hittner and Silver is expected to proceed, with a status hearing scheduled for August and trial set to begin in March. Both men have been charged with three first-degree felony counts of fraud, each carrying a maximum 30-year prison term.

Condo unit owner Daniel Levine, 90, who was in court Thursday, said he and other owners have been frustrated that the case is still pending six years after the defendants were arrested.

"It's just been one stall job after another," he said. "Time is of the essence. I'm 90 years old. Do I have to wait until I'm 100 before this thing is settled?"

Condo owners have rejected proposed plea deals from the defendants.