Spy vs. Spy

There seems to be quite a bit of spying going on in South Florida.

There are the Mar-a-Lago spies.

Palm Beach police say they are conducting an “open and active criminal investigation” at the club, also President Donald Trump’s South Florida home, following an unspecified incident.

The Secret Service is leading the investigation and no arrest has been made, according to the Palm Beach Police Department.
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While law enforcement officials would not discuss the nature of the investigation, Mar-a-Lago security has been breached repeatedly since Trump became president. The private club and mansion has witnessed several high-profile trespassing incidents.

And there are the Key West spies:

Since the fall of 2018, a total of four Chinese nationals have been arrested on charges of shooting pictures of military facilities in Key West, drawing the sharp interest of U.S. counterintelligence investigators who have been probing suspected Beijing-led spying activities in South Florida, including visitors to President Donald Trump’s private club, Mar-a-Lago, in Palm Beach.

On Saturday, Yuhao Wang and Jielun Zhang, both 24, were arrested after they approached the guard station at Sigsbee Annex in the Naval Air Station, were told to turn around and instead drove onto the restricted property at 8:30 a.m. After a half hour, U.S. Navy Security Forces located the students in their blue Hyundai car and found they were carrying cellphones and a Nikon camera.

“U.S. Navy Security Forces obtained consent to look at the devices and observed photographs taken on the Sigsbee Annex property, including U.S. military structures on Fleming Key,” according to an FBI complaint affidavit.

After they were stopped, both acknowledged they were told by a guard at the Sigsbee Annex gate to make a U-turn and leave the area. Instead, Wang admitted that they drove onto the U.S. Naval property and parked their car. Wang voluntarily showed the agents photos that he took with his cellphone, the affidavit says.

Zhang gave a similar statement, indicating that he provided his Michigan driver’s license to the guard. He also voluntarily showed the agents photos that he took with his camera and videos with his cellphone, according to the affidavit.

Raag Singhal sworn in.

Some pictures from the really nice ceremony in Ft. Lauderdale.

The official investiture has not yet been set. But in the meantime, Judge Singhal will be hearing cases.  Congrats!

Will Trump pardon Latin music mogul Rich Mendez?

That's the question posed by David Ovalle in this article. If anyone can get it done, it's Mendez's lawyer Phil Reizenstein:

Federal prosecutors said that between early 2009 and late 2010, Mendez’s co-defendants made “unsolicited calls to owners of resort time-share properties,” convincing them to pay fees for the “bogus sales of their property.” The owners, thinking the sales were legit, would shell out thousands in alleged “closing costs.”

Mendez says he fired his sales staff when he discovered they were using “scripts” to lure people into paying money. He reopened, but when the shady conduct continued, Mendez closed shop.

“He shut down his business before the police were ever involved,” Reizenstein said.

His legal team says local state and federal prosecutors both passed on taking the case. But in 2015, a grand jury in Dallas indicted the case because one of the credit-card processing companies was based in Texas. At least eight people wound up indicted on allegations they stole millions.

Mendez pleaded guilty to one count of conspiracy to commit wire fraud and cooperated with investigators, paying over $300,000 in restitution. Still, Dallas Assistant U.S. Attorney Candida Heath insisted on up to 9 years in prison, and possibly even more.

“You can’t buy your way out of a sentence of incarceration based on the amount of restitution you pay,” Heath said at his July 8, 2019, sentencing hearing.

His other defense lawyer, former Dallas U.S. Attorney James Jacks, shot back: “I don’t really understand the aggressiveness — maybe is the word — of the government’s efforts to put him in prison for what I think would be an incredibly long period of time.”

U.S. Judge Sam Lindsay praised Mendez’s work employing people through his rising music business, but still imposed the five years because he wanted to avoid “unwarranted sentencing disparities” between him and the co-defendants who got similar sentences.

A U.S. Attorney’s spokeswoman, Erin Dooley, noted that Mendez pleaded guilty because he was faced with “overwhelming evidence” In a statement Friday, she added: “Sentencing was at the discretion of a U.S. District Judge. “

Mendez has been free on bond since July.

His defense attorneys won’t say what, if any, behind-the-scenes efforts have been made to grab the White House’s attention about Mendez’s case.

Trump, who has long raged against criminal investigations into his own conduct, hasn’t shied away from granting clemency.

Famously, Trump pardoned former Arizona sheriff Joe Arpaio, who earned a criminal contempt charge while leading a high-profile and divisive crackdown on undocumented immigrants. In November, critics blasted Trump for issuing clemency to three military men convicted of war crimes.

Less controversially, Trump last year pardoned Ronen Nahmani, an Israeli-born ultra-Orthodox Jewish man who was convicted in South Florida in 2015 of selling synthetic marijuana. A federal judge had sentenced him to 20 years, and Nahmani got out after serving four years.

At the urging of celebrity Kim Kardashian West, the president also pardoned Alice Marie Johnson, a 63-year-old grandmother who’d been locked up for life for cocaine trafficking.

Mendez’s plight has also been taken up by Bernie Kerik, the New York police commissioner who served more than three years in prison for federal tax fraud, and now serves as conservative commentator and advocate for justice reform.

“His case is a demonstration of why we need real criminal justice reform within the Department of Justice today,” Kerik said. “We take a guy like Rich Mendez out of the work force, destroy his life, destroy his family. It’s complete insanity.”

Ironically, Rich Music blossomed during the years the legal case was hanging over his head.

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Sitting back in the studio, Mendez is unruffled by what’s to come. When he gets out, Mendez wants to work in the area of criminal-justice reform.

For now, he’ll report Tuesday to Miami’s Federal Correctional Institution, a low-security facility. He’s already been briefed on how to survive in prison, and make the most of rehabilitation programs.

“I want to get this part over with already,” he said.

Chief Justice Roberts' New Year's Card

It's here.

Okay, fine... it's his year end report. And it's a doozy with lots of people saying that it's a pointed message to the executive and legislative branches. It's short, so click through and read the whole thing. Here's the conclusion:

I ask my judicial colleagues to continue their efforts to promote public confidence in the judiciary, both through their rulings and through civic outreach. We should celebrate our strong and independent judiciary, a key source of national unity and stability. But we should also remember that justice is not inevi-table. We should reflect on our duty to judge without fear or favor, deciding each matter with humility, integrity, and dispatch. As the New Year begins, and we turn to the tasks be-fore us, we should each resolve to do our best to maintain the public’s trust that we are faith-fully discharging our solemn obligation to equal justice under law.

New Year, new judges

Happy new year everyone!

Here are some updates on the local judgeships:

1. The Fort Pierce seat is still open. It's been pretty quiet since the last update back in July, where we learned that 3 candidates were being vetted:

Aileen Cannon (AUSA, Fort Pierce)
David Leibowitz (former AUSA, general counsel Braman)
Michael Sherwin (AUSA, Miami)

2. Raag Singhal has been confirmed and is sitting in Ft. Lauderdale. Congrats again to him.

3. President Trump has nominated John Badalamenti to be a district judge in the Middle District of Florida. He is currently a state judge and formerly an assistant federal public defender.

4. The Florida Supreme Court has two open seats. An update on the 32 applicants here (Miami applicants in bold):

Judge Kimberly Bonner of the 12th Judicial Circuit, which is made up of DeSoto, Manatee and Sarasota counties,
Judge Hunter Carroll also of the 12th Judicial Circuit.
Judge Howard Coates Jr. of the 15th Judicial Circuit in Palm Beach County.
John Couriel, an attorney with the Miami firm Kobre & Kim.
Jack Cox, an attorney with the Hobe Sound firm Jack Schramm Cox, Chartered.
Judge Fabienne Fahnestock of the 17th Judicial Circuit in Broward County.
Manuel Farach, an attorney in the Fort Lauderdale office of the firm McGlinchey Stafford.
Judge Renatha Francis of the 15th Judicial Circuit in Palm Beach County.
Judge Jonathan Gerber of the 4th District Court of Appeal in Southeast Florida.
Judge Jamie Grosshans of the 5th District Court of Appeal in Central Florida.
Judge Jeff Kuntz of the 4th District Court of Appeal in Southeast Florida.
Judge Bruce Kyle of the 20th Judicial Circuit, which is made up of Charlotte, Collier, Glades, Hendry and Lee counties.
Judge Norma Lindsey of the 3rd District Court of Appeal, which hears cases from Miami-Dade and Monroe counties.
Judge Howard McGillin of the 7th Judicial Circuit, which is made up of St. Johns, Putnam, Flagler and Volusia counties.
Judge Bronwyn Miller of the 3rd District Court of Appeal, which hears cases from Miami-Dade and Monroe counties.
Judge Anne-Leigh Moe of the 13th Judicial Circuit in Hillsborough County.
Belinda Noah, a Tampa attorney and CEO of Belinda Noah Productions, Inc.
Judge Virginia Norton of the 4th Judicial Circuit, which hears cases from Duval, Clay and Nassau counties.
Judge Timothy Osterhaus of the 1st District Court of Appeal in North Florida.
Eliot Pedrosa, a Miami attorney and U.S. representative on the Board of Executive Directors of the Inter-American Development Bank.
Judge Carol-Lisa Phillips of the 17th Judicial Circuit in Broward County.
Judge Cymonie Rowe of the 15th Judicial Circuit in Palm Beach County.
Judge Lori Rowe of the 1st District Court of Appeal in North Florida.
Judge Samuel Salario of the 2nd District Court of Appeal in Southwest Florida.
Judge Tatiana Salvador of the 4th Judicial Circuit, which hears cases from Duval, Clay and Nassau counties.
Judge Meredith Sasso of the 5th District Court of Appeal in Central Florida.
Judge Ed Scales of the 3rd District Court of Appeal, which hears cases from Miami-Dade and Monroe counties.
Judge Elijah Smiley of the 14th Judicial Circuit, which hears cases from Bay, Calhoun, Gulf, Holmes, Jackson and Washington counties.
Judge Adrian Soud of the 4th Judicial Circuit, which hears cases from Duval, Clay and Nassau counties.
Judge William Thomas of the 11th Judicial Circuit in Miami-Dade County.
Judge Daryl Trawick of the 11th Judicial Circuit in Miami-Dade County.
Judge Thomas Winokur of the 1st District Court of Appeal in North Florida.

Judge Moore closes courts on December 24

Here’s the Administrative Order.

Happy Holidays!

Happy Festivus for the rest of us.

It’s going to be a quiet two weeks in the District.  But the powers that be have made the deadline for applying to the Florida Supreme Court on December 24.  Fun times.  Here’s an article about the applicants for the two open seats (Lagoa/Luck) so far:

As of Friday evening, 12 applicants had already handed in their paperwork in a process that stems from President Donald Trump naming former Florida Supreme Court justices Robert Luck and Barbara Lagoa to the 11th U.S. Circuit Court of Appeals. The Atlanta-based court handles cases from Florida, Alabama and Georgia.

The openings offer Gov. Ron DeSantis an opportunity to appoint two more justices to a Supreme Court he’s already reshaped.

Shortly after taking office in January, DeSantis named three conservative jurists --- Luck, Lagoa and Carlos Muñiz --- to replace three liberal-leaning justices who were forced to step down after reaching a mandatory retirement age.

The applicants as of Friday evening included lawyer Belinda Noah, along with five Florida appellate judges and six circuit judges from across the state.

Judges Ed Scales and Norma Lindsey of the 3rd District Court of Appeal, Judge Samuel Salario of the 2nd District Court of Appeal and Judge Thomas “Bo” Winokur of the 1st District Court of Appeal had applied. They were all appointed to their current jobs by former Gov. Rick Scott.

Also in the running were circuit judges Cymonie Rowe, of the 15th Judicial Circuit in Palm Beach County; Daryl Trawick, of the 11th Judicial Circuit in Miami-Dade County; Howard McGillin, of the 7th Judicial Circuit, which is made up of Flagler, Putnam, St. Johns and Volusia counties; Elijah Smiley, of the 14th Judicial Circuit, which is made up of Bay, Calhoun, Gulf, Holmes, Jackson and Washington counties; Tatiana Salvador, of the 4th Judicial Circuit, which is made up of Duval, Clay and Nassau counties; and Hunter Carroll, of the 12th Judicial Circuit, which is made up of Sarasota, Manatee and DeSoto counties.

Raag Singhal confirmed!

The vote was 76-17.  Congratulations to our newest federal judge!  Woohoo!