I am hearing from a reliable source that 4 of the police officers (including the FBI agent) were acquitted of all counts. One was found guilty of all counts, and one defendant had a mixed verdict. More to follow as it comes in.
Jon Burstein from the Sun-Sentinel sums up what happened:
A Fort Lauderdale federal jury acquitted three police officers and a FBI agent of all counts, while convicting a Plantation police officer and a former police officer of fraud charges.
The verdict came after a two-month trial in which the accused were charged with lying about their incomes and places of residence so they could obtain mortgages that otherwise would have been out of reach on their salaries.
Jurors acquitted FBI agent Robert DePriest, Plantation police officers Casey Mittauer and Daryl Radziwon and Lauderhill police officer Joseph LaGrasta.
Convicted were Plantation police officer Joseph DeRosa and former Plantation police officer John Velez.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Thursday, April 28, 2011
Agent under investigation for accepting bribes from CI
Jay Weaver has the details here:
Authorities are investigating a Miami federal agent suspected of accepting more than $100,000 in bribes from a confidential government informant, according to several sources familiar with the probe.
The informant allegedly paid the bribes to Immigration and Customs Enforcement agent Juan Martinez in exchange for his providing temporary parole allowing Colombians and others into the United States who were not entitled to the benefit, the sources said.
Martinez, who has been suspended without pay, is at the center of the federal investigation into his confidential informant’s alleged bribery payments, the sources said. Martinez, a former Miami police officer, has investigated Colombian cartels, paramilitary groups and other drug traffickers.
His attorney, Marty Raskin, declined to comment.
Authorities are investigating a Miami federal agent suspected of accepting more than $100,000 in bribes from a confidential government informant, according to several sources familiar with the probe.
The informant allegedly paid the bribes to Immigration and Customs Enforcement agent Juan Martinez in exchange for his providing temporary parole allowing Colombians and others into the United States who were not entitled to the benefit, the sources said.
Martinez, who has been suspended without pay, is at the center of the federal investigation into his confidential informant’s alleged bribery payments, the sources said. Martinez, a former Miami police officer, has investigated Colombian cartels, paramilitary groups and other drug traffickers.
His attorney, Marty Raskin, declined to comment.
Wednesday, April 27, 2011
Not guilty verdicts in huge security fraud case before Judge Jordan
The case was United States v. Michael Lauer and Martin Garvey. It was a two month trial in a very large securities case that has been in litigation (either before the SEC, civil court, criminal court) for about a decade. Most of the other defendants pled guilty and testified in this trial.
This has gotta sting for the U.S. Attorney's office, who just had a bunch of lawyers leave the economic crimes division...
Congrats to my good friends Michael Caruso at the Federal Public Defender's office who was the lead lawyer for Lauer, and Hector Flores who represented Garvey. Caruso tried the case with D'Arsey Houlihan and Vanessa Chen. This is a great win for them. Congrats.
2:45 pm UPDATED -- Curt Anderson has a story up already for the AP:
The former chief of a multimillion-dollar hedge fund accused of fleecing investors out of $200 million was acquitted Wednesday by a federal jury of securities fraud and related charges.
Michael Lauer, who ran the Lancer Management Group and affiliated companies in New York and elsewhere, raised his clenched fists in the air when the verdict was read and tightly hugged his attorney, assistant public defender Michael Caruso. Lauer had faced up to 25 years in prison and hefty fines if convicted.
"There was nothing illegal here," Lauer said in an interview after the verdict. "The outcome, I believe, was inevitable."
***
One of the 12 jurors, 61-year-old Charles E. Floyd of Miami, said prosecutors simply failed to prove criminal wrongdoing in the complicated financial case.
"There just wasn't enough proof. That's the way I saw it," Floyd said. "He was guilty of surrounding himself with a bunch of jerks."
This has gotta sting for the U.S. Attorney's office, who just had a bunch of lawyers leave the economic crimes division...
Congrats to my good friends Michael Caruso at the Federal Public Defender's office who was the lead lawyer for Lauer, and Hector Flores who represented Garvey. Caruso tried the case with D'Arsey Houlihan and Vanessa Chen. This is a great win for them. Congrats.
2:45 pm UPDATED -- Curt Anderson has a story up already for the AP:
The former chief of a multimillion-dollar hedge fund accused of fleecing investors out of $200 million was acquitted Wednesday by a federal jury of securities fraud and related charges.
Michael Lauer, who ran the Lancer Management Group and affiliated companies in New York and elsewhere, raised his clenched fists in the air when the verdict was read and tightly hugged his attorney, assistant public defender Michael Caruso. Lauer had faced up to 25 years in prison and hefty fines if convicted.
"There was nothing illegal here," Lauer said in an interview after the verdict. "The outcome, I believe, was inevitable."
***
One of the 12 jurors, 61-year-old Charles E. Floyd of Miami, said prosecutors simply failed to prove criminal wrongdoing in the complicated financial case.
"There just wasn't enough proof. That's the way I saw it," Floyd said. "He was guilty of surrounding himself with a bunch of jerks."
Tuesday, April 26, 2011
"Progress might have been all right once, but it has gone on too long."
That's how this funny order starts out. I like it.
Monday, April 25, 2011
BREAKING -- Judge Ungaro throws out Bank Atlantic verdict
Big big news at the close of a busy Monday -- Judge Ungaro has issued this well-written and researched 112-page order (also below) granting Bank Atlantic's post-trial motion for judgment as a matter of law. [HT:RR]
A jury back in November found Bank Atlantic officials misled shareholders on conference calls and awarded $2.41 a share to investors who bought the company's stock in 2007. If the verdict was permitted to stand, it would have been a tough hit for the bank, so this was a biggie.
Huge win for Gene Stearns and his team -- Adam Schachter, Cecilia Simmons, Grey Mead, and Andrea Nathan. I'm still digesting it, but the principal basis of the order was insufficient proof of loss causation and damages. In the event the order is vacated or reversed, the motion for a new trial was denied. I predict that the plaintiff's lawyer Mark Arisohn won't be getting much sleep tonight.
Judge Ungaro Throws Out Bank Atlantic Verdict
A jury back in November found Bank Atlantic officials misled shareholders on conference calls and awarded $2.41 a share to investors who bought the company's stock in 2007. If the verdict was permitted to stand, it would have been a tough hit for the bank, so this was a biggie.
Huge win for Gene Stearns and his team -- Adam Schachter, Cecilia Simmons, Grey Mead, and Andrea Nathan. I'm still digesting it, but the principal basis of the order was insufficient proof of loss causation and damages. In the event the order is vacated or reversed, the motion for a new trial was denied. I predict that the plaintiff's lawyer Mark Arisohn won't be getting much sleep tonight.
Judge Ungaro Throws Out Bank Atlantic Verdict
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