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
1. The DBR covers the tragedy involving Judge Matthewman's son.
2. The NYT wrote about Trump's lawyer, Todd Blanche. I had him on the podcast here, if you'd like to actually hear from him.
3. DOJ believes it doesn't need to comply with subpoenas. Judge Ana Reyes had a different idea. Via Politico.
4. Some are calling on Justice Sotomayor to resign so Biden can appoint her successor and there is not another RBG situation.
5. Reuters: Justice Breyer is going to hear cases on the 1st Circuit.
This one was before Judge Rodney Smith, who granted a Rule 29 motion. Congrats to the defense lawyers -- Sam Rabin and Jessica Duque. (I am particularly proud of Jessica, a former student in my White Collar Seminar at UM).
Jay Weaver of the Miami Herald covers the case here:
Two years ago, a South Florida lawyer was charged with her fiancé and others in what appeared to be a textbook conspiracy case accusing them of applying for million of dollars in federal government loans meant to help small businesses survive during the COVID-19 pandemic. Pembroke Pines attorney Mariel Tollinchi had to post a $250,000 bond, including $50,000 in cash, and wear an electronic ankle bracelet, to gain her release before trial while her liberty and law practice remained in limbo. But on Friday, Tollinchi, 37, gained her freedom when a federal judge acquitted her of fraud, money laundering and identity theft charges after prosecutors completed their side of the case during a jury trial in Fort Lauderdale. The evidence in the case was so weak that U.S. District Judge Rodney Smith granted her lawyers’ motion for acquittal on all charges before they even put on a defense. “Intent was the issue at trial, and the government failed to prove any intent on her part to defraud the [pandemic] loan program,” her attorneys, Jessica Duque and Sam Rabin, said Monday after the week-long trial. They called Tollinchi a “victim” of her former fiancé’s deception. Tollinchi’s legal victory — which kept her from being convicted, going to prison and losing her law license — followed a string of similar outcomes against almost all of the other defendants charged in the $8 million pandemic loan fraud case.
***
But at Tollinchi’s trial, prosecutors with the U.S. Attorney’s Office were unable to prove that Tollinchi conspired with her former fiancé, Philossaint, to file falsified applications for PPP and other loans, which were guaranteed by the Small Business Administration after Congress passed the CARES Act in March 2020. Prosecutors accused Tollinchi of fabricating loan applications for four businesses: The Technical Advantage, Ferro’s Entertainment and Production, Perfect Landscaping, and a nonprofit charity, Cinda Foundation. All of the businesses were owned by either her or her parents, according to the indictment. The loan requests were for a total of $253,865; of that amount, Tollinchi received about $142,000 and her parents the balance, according to the indictment. Prosecutors claimed that Tollinchi conspired with Philossaint to file bogus applications for the Paycheck Protection Program and the Economic Injury Disaster Loan program, including falsifying business revenues, number of employees, payroll expenses and corporate taxes. The SBA agreed to forgive the loans, which were processed by financial institutions, as long as they were used for payroll and other overhead expenses. Rabin, a veteran criminal defense attorney, said Tollinchi filed “legitimate” paperwork with her loan applications and tax records but Philossaint “doctored” them to maximize his commission fees — without her knowledge. “She didn’t see it coming,” Rabin said. His partner, Duque, said if federal authorities had investigated the case more deeply, they would have discovered that Philossaint and Tollinchi were not in cahoots. “She was absolutely a victim in all of this,” Duque said.
Just an absolute tragedy. And such hard news to swallow. Our thoughts go out to Judge Matthewman and his entire family during this very difficult time. Here is the obituary:
David W. Matthewman was born in Miami, Florida and was tragically and senselessly killed at the young age of 34 in Palm Beach County, Florida. David was driving his car safely in the early morning hours of Friday, March 29, 2024, heading north in the northbound I-95 express lane near Boca Raton with his friend, Jasi, in his car. David and the young woman were both wearing their seatbelts, but a reckless wrong-way driver recklessly came driving southbound in the I-95 northbound express lane and violently crashed head-on into David’s car. David was instantly killed, the young woman seated next to him was killed, and the wrong-way driver died. This unfathomable, senseless, and preventable tragedy not only killed David and Jasi, but it has also devastated David’s entire close-knit family and the countless other people whose lives he had touched.
David was an incredibly talented artist, ceramicist, and photographer who had just returned from the NCECA 58th Annual Coalescence Ceramics Conference in Norfolk, Virginia. David often worked his artistic magic at the West Palm Beach Armory Art Center and at other art venues in South Florida. He provided hands-on ceramics classes to families, to military veterans, and to others. He created beautiful pottery and works of art. He always saw beauty in the smallest details in life. David also made incredible drone videos for real estate and other uses. David was a wonderful, kind, generous, talented young man with an incredibly beautiful soul. David graduated from Marjorie Stoneman Douglas High School in Parkland, Florida in 2008, where he was a cross country varsity athlete, and from Florida Atlantic University in 2013 with dual degrees in Studio Art and Criminal Justice. He was doing so well and was so very happy when he was tragically and senselessly taken far too soon from this earth.
David was the beautiful and much-loved son of Judge William Matthewman and Diane Matthewman of Highland Beach, Florida. David leaves behind his brother Scott W. Matthewman (Careni Lopez) of Inglis, Florida and their two children Reef and Kai, his sister Kelly D. Matthewman of Tega Cay, South Carolina, his brother Mark Matthewman (Joeylyn) and their daughter Avie of Brooksville, Florida, his uncle Keith Seidon of Fort Lauderdale and his son Michael, his uncle James Matthewman, Jr., (Marlene) and their children, Jimmy, Shawn, and Barbara Ann, as well as numerous nephews, nieces, cousins and relatives spread throughout the country. David was predeceased by his Aunt Sue Concha (Matthewman) and her son Stephen Melus, his uncle Robert F. Matthewman, his “Grandma Rosie”, Rose O. Phelan (Matthewman), his “Grandma Nana”, Dolores Seidon, his Grandfather Arnold Seidon, his Grandfather James S. Matthewman, Sr., and his step Grandfathers James S. Phelan, and Gary Weisenthal.
David was a very spiritual soul who loved the ocean, the beach, kayaking, sea turtles, snorkeling, running, and biking. Growing up he ran many 5K, 10K and other longer races with his Dad, brother, sister and Mom. He was also a hockey player and loved to watch Florida Panthers games with his Dad. He was very sweet to his Mom, often stopping by unexpectedly with orchids, pottery, coral and other treasures he had made or obtained.
On Thursday evening March 28, 2024 around 9:00 p.m. David texted his Dad to say that he was back in town and coming over for dinner that weekend with news and pictures to share. His last words to his Dad that fateful evening were “I love you,” and the last words back to David from his Dad were “I love you too”. Approximately 6 hours later, early on Friday, March 29, 2024, David was dead on I-95. Please pray for David’s soul, hug your loved ones, and teach them to drive safe and sober.
David’s family will receive friends on Saturday, April 6, 2024, from 4:00 – 8:00 p.m., with a 7:00 p.m. Celebration of Life service at the Gary Panoch Funeral Home, 6140 N. Federal Highway, Boca Raton, FL 33487. No formal burial will follow as David’s ashes will be placed at a later date into an environmentally friendly living reef which will be placed offshore of South Florida, with his family present, as he would have wanted. David also donated his organs to help others after death, as was his way in life.
In lieu of flowers, please send donations to the Armory Art Center in West Palm Beach, https://canvas.armoryart.org/donate.
CLICK HERE TO WATCH SERVICE (link will be active just before the 7:00 p.m. service time)
Professional arrangements by:
Gary Panoch Funeral Home
6140 N. Federal Highway
Boca Raton, FL 33487
561-997-8580
www.gpanochfunerals
In lieu of flowers, please send donations to the Armory Art Center in West Palm Beach, https://canvas.armoryart.org/donate.
To send flowers to the family or plant a tree in memory of David W Matthewman, please visit our floral store.
For a lawyer, serving as a federal law clerk can be one of the most rewarding (and valuable) experiences of his or her legal career. Every lawyer I've met who has clerked in this district has raved about their experience. But it's not always so rosy. A woman named Aliza Shatzman, who clerked in D.C. state court, ending up greatly regretting her clerkship, working for a judge who not only mistreated her but attempted to derail her legal career. She's now helped create a database that will allow clerks to anonymously rate their judges. The Washington Post covers it here. Will be interesting to see how widely used this will be, including in our district.
At the end of last week, Judge Moreno sent the plaintiffs in the latest Joe Carollo/City of Miami lawsuit back to the complaint drawing board, dismissing their First Amended Complaint without prejudice. Though Carollo is already proclaiming victory in the media, it’s clear that the order was focused on pleading deficiencies. In short, use your rifle not your shotgun when drafting complaints (and proofread!). Order below. A good one to read before you file a multi-count complaint against multiple defendants in any civil case.
Order (J. Moreno) by John Byrne on Scribd
Congrats to blogger John Byrne, who was part of the team who heard those two magic words -- not guilty -- before Judge Williams last week. It was an interesting case involving monkeys... yes, monkeys:
A Cambodian official accused of illegally importing wild, long-tailed macaque monkeys into the United States that were destined for Miami was acquitted Friday of conspiracy and smuggling charges after a two-week federal trial. Masphal Kry, 47, the deputy director of the Department of Wildlife and Biodiversity for the Cambodian Forestry Administration, had been under home confinement in Virginia since his arrest in November 2022 at John F. Kennedy International Airport in New York.
Now, Kry is back at home with his family in Cambodia. “He should never have been charged, and we are grateful to the jury and the court for seeing that justice was done in this case,” said lead counsel, Mark MacDougall, of Washington, D.C., who worked on Kry’s defense with Coral Gables attorney John Byrne.
Kry was the only defendant named in an indictment to face trial in Miami. Seven other defendants from Phnom Penh, Cambodia’s capital, and Hong Kong, including Kry’s boss, the general director of the Cambodian Forestry Administration, are at large.
Disney and the State of Florida appear to have buried their respective hatchets. As we noted in a post a few months ago, Florida prevailed over Disney in a federal lawsuit arising out of the Northern District of Florida that had accused the State of retaliating against Disney for speaking out against Gov. DeSantis and certain legislation passed by the State. Disney has pressed pause on its appeal of that ruling. And now, in a settlement announced yesterday, Disney and Florida have resolved state court litigation between the parties. The Herald covers it here.
The media is characterizing the settlement as victory for the State. At the Central Florida Tourism Oversight District Board Meeting, Miami-based attorney Paul Huck outlined the settlement details for the board. The YouTube clip summarizing the settlement begins at 39:30. But, big picture, the restrictive covenants that the old Reedy Creek Improvement District Board passed at the eleventh hour to saddle the new Governor-appointed board are now null and void.
Sounds like a normalizing of relations. Here's a quote from Vice Chair of the Central Tourism Oversight Board, Charbel Barakat: “With this settlement, which is complete and significant, we are eager to work with Disney.”
Well, the court is soliciting applicants for the two open spots. A bulk email went out this morning:
The Judicial Conference of the United States has
authorized the appointment of two full-time United States Magistrate Judges for
the Southern District of Florida at Miami, Florida. These appointments will succeed incumbents
who were confirmed as United States District Judges. The term of office is eight years.
A full public notice is posted on the Court's website at: https://www.flsd.uscourts.gov/.
Interested persons may contact the Clerk of the District Court for additional information and application form. The application form is also available on the Court's website https://www.flsd.uscourts.gov/. Applications must be submitted only by applicants personally to; FLSD_magistratejudgerecruitment@flsd.uscourts.gov no later than 11:59 p.m. on Sunday, March 31, 2024.
For many years, the culture in this District was that magistrate judges had little chance at becoming a district judge. But that has changed. Two of last three judges came from the magistrate bench. It will be interesting to see if that continues.
