Judge Moore Finds City of Miami Engaged in Racial Gerrymandering

By John R. Byrne

Significant order entered by Judge Moore yesterday in the racial gerrymandering lawsuit filed against the City of Miami. After holding a bench trial back in January, Judge Moore ruled that the City violated the Constitution by drawing voting maps with the goal of having various districts in the City elect commissioners of certain races (specifically, three hispanic commissioners from the three majority Hispanic districts, a black commissioner from a majority Black district, and a white commissioner from a majority "Anglo" district).

The Court wrote: "[W]hether the City believed the pursuit of diversity in representation could justify racial gerrymandering is immaterial. The harm stems not from the City’s objective, but rather, from the City’s racial classification of every Miamian in pursuit of that goal. By sorting its citizens based on race, the City reduced Miamians to no more than their racial backgrounds, thereby denying them the equal protection of the laws that the Fourteenth Amendment promises." 

Order excerpted below.

City of Miami Order (J. Moore) by John Byrne on Scribd

Ecuador's former comptroller on trial before Judge Williams

 It's AUSA Michael Berger versus defense lawyer Howard Srebnick.  Law360 has the story on openings:

Ecuador's former comptroller on Tuesday denied accepting and laundering $10 million in bribes in exchange for eliminating fines imposed against a Brazilian company for constructing a shoddy hydroelectric plant, telling a Florida federal court he was charged with crimes because the project's corrupt manager lied to avoid prison time.

Speaking on behalf of 73-year-old Carlos Ramon Pólit Faggioni, Howard M. Srebnick of Black Srebnick PA told a jury during opening statements that his client was charged because of the "bought and paid for" testimony of an ex-Odebrecht SA executive working with the U.S. government and that the Miami real estate allegedly used to launder the bribes came from legitimate transactions by Pólit's son.

"Carlos Ramon Pólit did not launder a single dollar" and former Odebrecht executive Jose Santos "negotiated a deal like no one else on the planet Earth" to avoid going to prison over paying bribes to make heavy fines against his company go away, Srebnick said.

Pólit was charged in 2022 with conspiracy, concealing the bribes through a series of intermediaries and spending the illicit proceeds on expensive South Florida real estate, including a house in the exclusive community of Cocoplum in Coral Gables, Florida.

Should Adeel Abdullah Mangi be confirmed to the Third Circuit?

 The NYT has an opinion piece about the issue and starts with a story about our own Judge Raag Singhal:

In 1999, a Florida lawyer, Anuraag Singhal, represented a man convicted of gunning down a police officer. Singhal had to somehow persuade a jury that his client, Jeffrey Lee Weaver, should face life in prison rather than the electric chair, the punishment the hard-charging prosecutor sought.

“I hope you can find some love in your heart for Jeff Weaver, and I hope you’ll let him die in prison,” Singhal said, according to a report in The Sun Sentinel, the local newspaper. The article described tears rolling down his cheeks and his voice breaking with emotion as he pleaded for Weaver’s life. Singhal won the day. A divided jury recommended life in prison.

Singhal was clearly a very talented attorney and a man on the rise. He would become active in conservative legal circles, joining the local chapter of the Federalist Society. In 2019, President Donald Trump appointed him to a federal judgeship in Florida. He was confirmed that December with a bipartisan Senate vote of 76 to 17. Evidently no one raised a peep about his defense of a man who killed a police officer, nor his pivotal role in reducing the man’s sentence despite Republican posturing about protecting law enforcement.

Among the Democratic senators who voted to give Singhal this lifetime appointment were three centrists who often burnish their bipartisan bona fides and tough-on-crime credentials: Catherine Cortez Masto and Jacky Rosen, both of Nevada, and Joe Manchin of West Virginia.

So it is striking that these same three senators have come out to announce that they will not support an eminently qualified nominee of their own party’s president after Republican senators and conservative activists smeared him, first accusing him of being an antisemite and, when that effort fizzled in the face of staunch support from mainstream Jewish organizations, of being soft on crime and supporting cop killers.

This is an odd comparison.  Unfortunately and unjustly, Judge Singhal did face a lot of opposition when he first tried to become a judge.  His name went up over 15 times to the Governor for state circuit judge before he was finally appointed.  Then he distinguished himself as a judge, so the (ridiculous) issue of who he represented as a criminal defense lawyer became a non-issue (but only sort-of because Senator Nelson refused to return his blue-slip in 2018).  Second, and this is not meant to be a criticism of Mangi, but Judge Singhal ensured the Sixth Amendment rights of his client, a criminal defendant.  The criticism of Mangi seems wrong as well, but it's different than any potential critique of Judge Singhal for giving a strong closing argument for his client.

Monday news and notes

 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.

Another SDFLA acquittal

 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.

RIP David W. Matthewman (son of Judge William Matthewman)

 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.

 

Reviewing the Judges

By John R. Byrne

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.

No Shotguns Allowed

By John R. Byrne

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