One SDFLA trial carries on while the rest of the justice system has shut down (TWO UPDATES)

SECOND UPDATE — here’s the court order continuing all criminal trials that haven’t started yet until after 4/27.

FIRST UPDATE — in much more serious news, fellow blogger and friend David Lat (the creator of Above the Law) tested positive for COVID-19 and has been placed on a ventilator.  His condition is critical.  I know I speak for everyone when I say that we are thinking of him and his family and wish him the best and to pull through soon.  It’s just awful!

Original Post: As districts around the country issue orders postponing trials and as we await Chief Judge Moore’s order continuing all trials until after 4/27, there is one trial in Broward federal court that is pushing forward.

It’s one of the sober home (health care fraud) cases, U.S. v. Sebastian Ahmed.  The government is alleging $21 million in fraud.

Judge Cohn is presiding.

Chris Clark and Lisa Miller for the government.

Joel Hirschhorn for the defense.

The defendant is in custody.

The trial started back on February 20 and was only supposed to last 3 weeks.  On Monday, they will start week 6 of the trial!  The defendant testified for a few days last week. And the parties closed on Friday.

I understand that the defense has moved a number of times for mistrial based on the virus, but those motions have been denied. I’ve been told that Judge Cohn asked the jurors if they wanted to continue and they said yes.

The Sun-Sentinel covered opening statements back when the case started, before everyone realized how bad the virus was going to be:

“It’s one thing to have sloppy billing practices," Joel Hirschhorn, Ahmed’s defense attorney, said during opening statements. "It’s another for it to be fraud.”
***
The filings also allege that [the defendant’s brother, who pleaded guilty] Ali Ahmed fathered a child with a woman he met while she was seeking recovery at the treatment center and that he provided her with heroin and alcohol while she was pregnant.
“Did they turn a blind eye to unwanted and random sex?” Hirschhorn asked during opening statements.
“Yes,” the lawyer answered, before going on to argue that his client was more focused on the business and that Sebastian Ahmed "did not understand the human side” of the operation.

The Herald covered the sentencing of the brother and other co-defendants:

On Tuesday, Ali Ahmed, 38, the former operations director and co-owner of Medi MD in Davie, was sentenced to 10 years in prison and ordered to pay $4.2 million in restitution to the bilked private health insurers.
Prosecutors urged the judge to give Ahmed almost the maximum sentence of 20 years, saying he impregnated a woman with a heroin addiction who was living in a “Serenity” sober home and plied her with the drug. When their child was born, he tested positive for heroin and other drugs.
Assistant U.S. Attorney Christopher Clark scoffed at the idea that Ahmed sought as little as five years in prison while citing his devotion to his son as a basis for leniency, highlighting that he was “providing heroin to his girlfriend who was bearing his son.”

In the end, U.S. District Judge Federico Moreno recognized the “vulnerability” of the addicts who were lured to the brothers’ chain of sober homes and substance abuse facilities in Broward. But Moreno also said Ahmed pleaded guilty and accepted responsibility, qualifying him for a potential guideline sentence between 9 and 11 years. So, Moreno split the difference.

Ahmed, standing alongside his attorney, Bradley Horenstein, said: “I am very sorry for the damage I have done to my family. My son will grow up without a father because of me.”

All SDFLA jury trials to be continued until at least 4/27

The judges had a meeting today and agreed on this date.

Latest update from SDFLA

Chief Judge Moore issued the following order, which in effect puts the District on "telework" except for a skeleton crew.

We should be releasing all non-violent offenders on personal surety bonds immediately

It's amazing to me that this hasn't happened yet.  Some magistrate judges are asking for lawyers to revisit bond issues.  Below is one in the Northern District of California.  Come on judges (and prosecutors), let's be proactive and leaders on this issue.

11th Circuit procedures for oral argument week of March 30

Two choices — submit on the papers or do it by phone. The panel is Carnes, Marcus, and Luck. Here’s the email that went out this morning (I have an argument on 4/2).

Supreme Court and BOP closed, other updates

No oral arguments for the Supremes in March.

And BOP is closed for 30 days -- no visits of any kind and no movement.

As of this morning, the 11th Circuit is still planning on conducting oral arguments the week of March 30. 

District Court is still open but judges are being very good about continuing matters and trying to help. 

SDFLA cancels jury trials scheduled to begin March 16 until March 30 (UPDATED WITH ORDER)

Update -- here's a link to the order.

They won't occur until "further order of the Court."

"All trial-specific deadlines in criminal cases scheduled to begin before March 30, 2020, are continued pending further order of the Court.  Individual judges may continue trial specific deadlines in civil cases in the exercise of their discretion."

There's more to the Order, but no link yet on the Court's webpage.  As soon as there is one, I will post it.

Of note: "Judges are strongly encouraged to conduct court proceedings by telephone or video conferencing where practicable."  But criminal matters "such as initial appearances, arraignments, detention hearings, and the issuance of search warrants" before Magistrate Judges "shall continue to take place in the ordinary course."  And Grand Juries are still going forward.

Federal courts around the country have started to suspend jury trials and other hearings

The SDNY is an example.  From the NY Post:

The federal court district that covers Manhattan, the Bronx, Westchester County and several other New York counties will suspend jury trials that are scheduled to begin next week in an effort to stanch the spread of coronavirus, court officials said Thursday.

The suspension comes as the Southern District of New York attempts to limit the number of people entering federal courthouses in Lower Manhattan and in Westchester County amid the outbreak, District Executive Edward Friedland said. The court suspended non-case-related activity Wednesday.

There are also issues with prison visits in that district. The Post also covers the horrible conditions at MCC in New York with Avenatti:

“Mr. Avenatti’s cell was infested with rats. The jail reeks or urine. As of yesterday, Mr. Avenatti had not shaved in weeks. Meanwhile, across the country, public officials are declaring states of emergency as a result of the spread of the coronavirus,” [Scott] Srebnick wrote.

“Health officials are uncertain of the actual risks. And, by all accounts, a prison facility poses among the highest risks of spread of infection,” he added.

“Given the uncertainty regarding the coronavirus, the ease with which it spreads, and the documented unsanitary conditions at the MCC-New York, I am requesting that the … background interview be adjourned,” he wrote.

There are lots of rumors floating around about what SDFLA is going to do and what is going to happen with FDC. (One rumor is that social and legal visits are going to be shut down for a few weeks.) Also unclear is whether the 11th Circuit will go forward with oral arguments.  As of now, everything is still a go. I will post updates as soon as I have official word.