After much hard work and interaction with his forensic team, Mr. Fischman discovered that the written notice letter and the emails that Miami Parking Authority claimed, at the November 2015 board meeting and in the lawsuit, were timely sent to David Lederman, in-house Counsel for Mana, were actually fabricated by the very director of MPA running the bidding process. The administrative rules required MPA to timely notify Mana that he was rejected from participation in the P3 redevelopment of Parcel B. Otherwise, the award to the the winning bidder Grand Station, was improper and would need to be rebid.
Fischman learned, through depositions, electronic discovery, and examination of the MPA server data, that Rolando Tapanes, the Director of Procurement for MPA and the one spearheading the P3 bidding process, had asked his IT team members to explain to him how to backdate emails and Word documents so that it would look like he had actually sent them out when in fact he never did. He followed their advice exactly and falsified the data, representing in deposition that he had actually sent them and later recanted his story at trial in open court. This astonishing event caused a settlement of the case after a full trial and the termination of Tapanes and a number of other MPA employees. See the Articles attached.
Miami Herald 8-17-16 Miami Parking Authority official perjured self, fabricated emails, developer says
Miami Herald 8-9-16 Emails at the center of Lawsuit were falsified