Ortega v. Post-Newsweek Stations

510 So. 2d 972, 12 Fla. L. Weekly 1635
CourtDistrict Court of Appeal of Florida
DecidedJuly 7, 1987
Docket86-1464
StatusPublished
Cited by14 cases

This text of 510 So. 2d 972 (Ortega v. Post-Newsweek Stations) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ortega v. Post-Newsweek Stations, 510 So. 2d 972, 12 Fla. L. Weekly 1635 (Fla. Ct. App. 1987).

Opinion

510 So.2d 972 (1987)

Eduardo ORTEGA, Appellant,
v.
POST-NEWSWEEK STATIONS, FLORIDA, INC., a Florida Corporation, D/B/a WPLG-TV, Channel 10, Appellee.

No. 86-1464.

District Court of Appeal of Florida, Third District.

July 7, 1987.
Rehearing Denied September 4, 1987.

R. Stuart Huff, Coral Gables, for appellant.

*973 Steel Hector & Davis and Donald M. Middlebrooks, Miami, for appellee.

Before NESBITT, BASKIN and JORGENSON, JJ.

JORGENSON, Judge.

Eduardo Ortega appeals from a final summary judgment entered in favor of Post-Newsweek Stations, d/b/a WPLG-TV [WPLG]. We affirm upon a holding that fair and accurate reports of statements made during official proceedings are conditionally privileged.

Ortega sued WPLG following two broadcasts which he claimed were defamatory. Clarence Jones, a reporter at WPLG, was initially tipped off to the story by a staff member of the House Subcommittee on Commerce, Consumer, and Monetary Affairs. The staffer told Jones that there would be testimony at the subcommittee's hearing regarding money laundering in the South Florida area. Jones became interested in the story when he was told that one of the corporations being investigated by the subcommittee, Clemwood, N.V., owned the old Nixon compound on Key Biscayne. The staffer also told Jones that Robert Edwards, Deputy Commissioner of the Florida Department of Law Enforcement [FDLE], would be testifying before the subcommittee. Jones called Edwards to ask him about his testimony; Edwards was not there, so Jones spoke to FDLE agent Cummings. Jones also gathered information from public records, from FDLE agent Nill and a real estate analyst named Charles Kimball.

In addressing the Congressional subcommittee, Edwards introduced his remarks by stating:

Mr. Chairman, your staff has requested that I provide specific testimony concerning difficulties that the Florida Department of Law Enforcement has experienced in identifying principals involved in financial transactions resulting from Florida criminal activities when these transactions are conducted through the Netherlands Antilles. (Emphasis added.)[1]

The portion of Edwards' testimony specifically regarding Botero and Ortega was as follows:

This subject [Botero] is an indicted money launderer and cocaine smuggler in the Southern District of Florida. A copy of that indictment has been provided to the committee, Mr. Chairman.
This subject has been accused of laundering $55,000,000 in a twelve-month period (1979-1980) through a bank in Miami. Currency Transaction Reports (IRS Form 4789) were knowingly and intentionally not filed with IRS. This Miami bank also wired millions of dollars to unknown foreign banks and corporations and U.S. banks.
The Florida Department of Law Enforcement examined the subject's real estate holdings in South Florida, placing emphasis on Dade County.
* * * * * *
In the interest of clarity, I am directing your attention to Chart # 2 ... to help illustrate the numerous Netherlands Antilles' corporations that the subject is associated with. As you can see, A Florida general partnership is 30% owned by Haywards Heath Investments, N.V., and 70% owned by the subject and his fronts. The general partnership (alone) owns over $500,000 of real estate in Dade County.
* * * * * *
One final illustration on chart # 1 is the Clemwood, N.V., purchase of a residential compound on Key Biscayne, Florida. The house was purchased for $380,000, then torn down and another extremely large residence was built for an additional $1.2 million. These transactions were conducted by subject's partners and nominees. (Emphasis added.)

Edwards concluded by saying:

*974 In summary, Mr. Chairman, I would like to point out that the Netherlands Antilles' corporations, in concert with their banks, provide almost total anonymity for these criminals who wish to "launder" monies from the United States and who do not wish to pay taxes in the United States. (Emphasis added.)

Jones' report for WPLG can be summarized as follows:

Using a front to hide the true investor is an old tradition in this country. One of the best places now to hide real ownership is the Netherlands Antilles. Nixon's home on Key Biscayne has been bought with cash and bulldozed, and a new $1.2 home, also paid for with cash, has been erected in its place by Clemwood, N.V., a Netherlands Antilles corporation. Ortega was given power of attorney for Clemwood, N.V. "The Congressional Committee's investigation indicates Ortega is a front for Hernan Botero now waiting trial on charges of laundering 55 million dollars in drug profits. One of his investments may have been the old Nixon property."

This report was a fair and accurate abridgement of Edwards' testimony before the subcommittee and of information contained in public records and the FDLE's files. Although Botero's and Ortega's names were not mentioned in Edwards' public testimony, the subcommittee was provided with Botero's name by separate documentation.[2] Also, FDLE agents had told Jones that Botero was the subject involved and that Ortega held power of attorney for Clemwood, N.V., and lived on the property mentioned in the testimony.

In compliance with the mandatory notice requirement of section 770.01, Florida Statutes (1981), Ortega's attorney wrote WPLG, denying the allegations and stating that Ortega would be filing a defamation suit against WPLG.[3] WPLG directed Jones to investigate the matter further. Jones' additional investigation resulted in the broadcast of a second story which, summarized, went as follows:

The subcommittee explored how Netherlands Antilles corporations are used to evade taxes, hide narcotics profits, and hide the real investors in South Florida real estate. Bob Edwards, Deputy Director of the FDLE testified about the activities of two brothers, Hernan and Robert Botero, who are accused of laundering $55 million in drug profits. Edwards put charts into evidence showing the Boteros' real estate holdings. Included in the chart are eight Netherlands Antilles corporations. One of those, Clemwood, N.V., holds title to the Nixon property. Ortega lives in the new house on the Nixon property and says it is his house. Of the eight Netherlands Antilles corporations on the chart, three had given Ortega the power of attorney to sign real estate transactions for them.

The second story corrected the first story by saying that, although the FDLE had told Jones that the property was paid for in cash, in fact the property was encumbered by large mortgages. Jones also said that Ortega's attorney denied that Botero ever had an interest in Clemwood, N.V., that Ortega was a front for anyone, or that Ortega had anything to do with drug smuggling or money laundering. Finally, Jones stated that Ortega (or his attorney) was given the chance to discuss the matter on camera, but Ortega declined. The second story was also a fair and accurate report of the proceedings before the subcommittee.

*975 At the conclusion of discovery, WPLG moved for summary judgment. Relying on Nodar v. Galbreath, 462 So.2d 803 (Fla. 1984), the trial court granted WPLG's motion, ruling that news reports of statements made during an official proceeding are privileged. We agree.

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Bluebook (online)
510 So. 2d 972, 12 Fla. L. Weekly 1635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortega-v-post-newsweek-stations-fladistctapp-1987.