Charity Fraud Charges Dropped Against Suspended Medley Council Member

Organized fraud and grand theft charges against suspended Town of Medley councilwoman Ana Liliana Stefano have been dropped in exchange for a supersized food donation.

In 2021, Lily Stefano was arrested and charged with stealing food donated to the Santana Moss Foundation, a charity whose mission was to "conduct community programs for disadvantaged youth," according to charity tracker Guidestar.org.

Moss, a Carol City High School graduate and former star receiver in the National Football League, had founded the charity in the early 2000s.

Stefano maintained her innocence from the outset of the case, claiming the charges — one count of organized scheme to defraud over $50,000, a first-degree felony, and one count of grand theft over $20,000, a second-degree felony — were politically motivated.

She stood accused of defrauding Feeding South Florida, a local food bank, out of an estimated $24,000 worth of food items and selling food it had donated to the Moss Foundation while she was serving as the foundation's executive director.

On June 20, prosecutors quietly dropped the case.

"Upon payment and verification by the State of a voluntary donation to Feeding South Florida of $10,000, the State of Florida will nolle prosse the pending charges conditioned upon the terms set out below," a state attorney closeout memo obtained by New Times on Wednesday said.

Feeding South Florida's spokeswoman Raquel Simon-Petley tells New Times that a $10,000 donation can feed an estimated 60,000 people in Monroe, Miami-Dade, Broward and Palm Beach counties.

According to the agreement, Stefano must also pay $1,500 to the Miami-Dade Ethics Commission, $1,000 "for costs of prosecution" to the Miami-Dade State Attorney's Office (SAO), and waive any alleged outstanding debt on loans to the Moss Foundation.

Stefano's attorney, Ben Kuehne, tells New Times the "justice system worked correctly this time."

"She had not done anything wrong, and always proclaimed her innocence. Now, with the dismissal of the case by the State Attorney’s Office, her vindication is an absolute fact," Kuehne says. "She looks forward to continuing her record of contributing to her community and improving the lives of Medley’s residents and businesses."

Under the non-prosecution agreement, Stefano must also "read and familiarize herself" with the provisions of Florida Statute 496, which deals with "solicitation of funds."

"After extensive mutual discovery of the offenses in this matter, and in consideration of the defendant's background, the State of Florida and the defendant agree that the interests of justice will be served by the agreement," the non-prosecution deal (attached below) reads.

Stefano launched the Santana Moss Foundation's free grocery program in Medley in 2014 and went on to partner with Feeding South Florida as a food distribution charity. The state attorney's office said in 2021 that its case was based partly on evidence from a Moss Foundation volunteer who reported that Stefano was improperly selling donated food items.

Stefano was suspended by Gov. Ron DeSantis in November 2021 shortly after the now-dropped charges were filed.

When the state attorney's office announced the case in 2021, it noted that Moss was previously listed as a treasurer for the organization but "had no part in its operations and was surprised that the foundation still existed as a legal entity." Apart from his celebrated NFL career, Moss holds the record for most receiving yards for the University of Miami Hurricanes.

Meanwhile, Stefano may soon be banging her fork.

According to Florida law, if municipal officials are acquitted, found not guilty, or otherwise cleared of charges for which they were suspended, they must be reinstated and "paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension."

After the charges were dropped, Stefano signaled she will seek reinstatement to her old Medley council seat, currently held by Karina Pacheco. The position is up for re-election in November.

Medley Councilman Edgar Ayala tells New Times that he believes Gov. DeSantis will sign a letter of restitution in favor of Stefano.

As of Thursday morning, DeSantis' office had not yet addressed the former Medley councilwoman's non-prosecution deal. DeSantis' communications director, Bryan Griffin, has not returned an email from New Times seeking comment Thursday morning.