Wednesday, July 29, 2026

Girl you know it's true

By David Oscar Markus 

Do jurors know who Milli Vanilli is? A lawyer for a Goldman Sachs banker is betting on it as he invoked the lip synching group from the 1980s in his opening statement.

From Law360:

Jurors heard opening statements in the trial of former Goldman executive director Asante Kwaku Berko, 52, who's facing Foreign Corrupt Practices Act and money laundering charges stemming from an allegedly corrupt deal for a Turkish power producer to make hundreds of millions of dollars by supplying much-needed electricity to the West African nation while taking kickbacks for himself.

Goldman client Turkish Aksa Enerji Uretim AS was looking for an edge to secure a contract with the Ghanaian government in 2015 and 2016 to build and operate an electrical plant, prosecutors say. To make it happen, Berko arranged for the power producer to funnel corrupt payments to state officials "up and down the chain."

While prosecutors say they have strong evidence, such as Berko's "damning admission" to bribery on tape, and purported email correspondence about the bribes, after jurors heard the government's openings Tuesday, defense attorney Robert Boone of WilmerHale told the jury that just like the fact that Milli Vanilli stars Fab Morvan and Rob Pilatus did not provide the actual vocals for their songs, the government's case is devoid of proof that Berko committed any crime.

Boone told the jury "there were signs if you looked for it," in reference to the lipsyncing by the R&B-inspired German pop sensation that was credited with singing hits like "Girl You Know It's True" and "Baby Don't Forget My Number," namely, embarrassing technical snafus at performances and the heavy accents of Morvan and Pilatus that were conspicuously absent from their songs.

Despite the flashy presentation, Boone said that, like Milli Vanilli, "what you just heard from the government was an incredible story, but it wasn't true."  

I like creative lawyering and taking risks, but wondering if the jury will get it.


Tuesday, July 28, 2026

Tate Brothers Facing Extradition From Miami

By Jordi C. Martínez-Cid

I'm old, or at least too old to know much about Andrew and Tristan Tate. The internet says that they are British-American social media influencers and former kickboxers who built a large online following through content focused on wealth, entrepreneurship, fitness, and self-described masculinity. Critics (and maybe themselves?) describe them as misogynists. Having been filmed signing along to Kanye's Heil Hitler at Vendôme in Miami Beach along with other "manosphere" influencers does not help their image. That alone was not enough to hit the blog, but the cocktail of weird now includes some local legal trouble. The brothers were arrested here awaiting extradition to the United Kingdom for rape, assault, human trafficking, and related charges.

The cases are before Magistrate Judge Louis and have been assigned numbers 1:26-mj-03529 and 03260. Abbbie Waxman, presumably with the help of the State Department, for the United States. The brothers are represented by a team of lawyers, including Howard Srebnick, Steve Binhak, and Thomas McBride who is known for operating the January 6th Legal Fund. The brothers are seeking release on bond, but extradition proceedings are sui generis, odd proceedings where bond is governed by a case decided in 1903 called Wright v. Henkel. The brothers' lawyers will need to argue that "special circumstances" apply. If you want bond, you are better off committing a crime in the United States. Complaint against Andrew, the seemingly more famous brother can be found here. Should be an interesting case and well covered.

Friday, July 24, 2026

The "NED" and the "BOB"


Since 2010, the South Florida Chapter of the Federal Bar Association has presented the Edward B. Davis Award for Service to the Federal Bench and Bar. The award came to be known informally as the “NED,” after Judge Davis’s nickname. Several of our currently serving federal judges have received the award, and this year Judge Gayles will join their ranks.

More recently, in 2024, the Chapter created an additional award to recognize lawyers who have gone above and beyond in their service to both the Chapter and the broader federal legal community. Until this year, however, the award did not have a name. It has now been formally christened the Bob Josefsberg Distinguished Service Award. So, we now have both a “NED” and a “BOB.” My understanding is that Judge Davis and Bob Josefsberg, in addition to being universally beloved, were close friends. Oh, and this year’s “BOB” recipient is none other than the blog proprietor himself, David Markus.

I hope you can join us in celebrating these deserving recipients at this year’s FBA Installation and Awards Gala. The event will take place on Saturday, October 3, at the Frost Museum of Science. Individual tickets are not yet on sale, but I will let you know when they become available.

Wednesday, July 22, 2026

Latest Warning about AI

 By John Byrne

Let this be your daily reminder not to use fake cases in your briefs. The Eleventh Circuit devoted an entire section of its recent opinion in Akerlund et al. v. Atlas Air, Inc. to lambasting a lawyer for citing hallucinated cases in his brief even after he was warned. Opening that section by noting that it had “saved the worst for last,” the Court got into granular detail about the lawyer’s misuse of AI. Judge Grant wrote the opinion, joined by Judge Rosenbaum and Judge Kidd. The Court wrote: 


"We expect that when lawyers submit briefs, they give us their best view of what the law is, and how that law supports their clients. We read those briefs carefully—not just because they are the product of counsel’s time, effort, and skill, but because they help us as we try to reach the right answer. All that is lost if a lawyer decides that it is not worthwhile to do the work to persuade us—if he is willing to sign his name on whatever a machine churns out without so much as checking it for accuracy. We cannot do our job the same way unless lawyers do theirs.” You can read the opinion here. 

Monday, July 20, 2026

Judge Federico A. Moreno

By Jordi C. Martínez-Cid

There are judges who preside over cases, and then there are judges who become institutions. Judge Federico Antonio Moreno is the latter. He is not simply one of the longest-serving and most recognizable judges in South Florida. He is, in many ways, part of and emblematic of the district’s idealized identity. He is practical, direct, warm, funny, demanding, humane, and guided by the charge to follow the law, do what is right, and—very importantly to him—move cases along. He is a foreign-born citizen that has put his love of country and community at the forefront of his life, working hard to make this district a better, more united place.

Judge Moreno has spoken movingly about being naturalized by Judge Robert Grant in the Northern District of Indiana, and often tells new citizens at naturalization ceremonies that a naturalized citizen is “super-wanted”—the person must want to embed themselves in their new country and the new country must want to welcome that person. That “wanting” is a thread that runs through Judge Moreno’s entire life. He wants to be a great Catholic, (grand)father, husband, judge, citizen, and person. But to paraphrase the Bible, want without works is dead. Judge Moreno’s “want” is alive and well. He is still alive, too, which I am sure he will remind me of after he reads this post. Judge Moreno has demonstrated throughout his entire life how much he deeply cares about this country by working ceaselessly to improve it.

His docket has reflected the extraordinary range of the Southern District itself. Judge Moreno has presided over hundreds of jury trials (I believe he stopped counting after 800), has sat by designation many times on the Eleventh Circuit, has handled multidistrict litigation involving managed care and the Takata airbag recall, oversaw litigation relating to Everglades restoration, and has presided over cases involving civil rights, public corruption, environmental law, international disputes, and lots and lots of fraud and drugs. He took and still has handwritten notes from every jury trial over which he presided. That detail speaks to a larger point. Judge Moreno is as interested in getting things right as he is in getting things resolved. And on the rare occasion he might be wrong, as he often says, “there are three wiser judges in Atlanta who can correct him.”

As Chief Judge, Judge Moreno worked to unite our community. He initiated the Southern District of Florida Bench and Bar Conference. He recognized our diversity by initiating Black History Month and Hispanic Heritage celebrations. He began the tradition of honoring attorneys who had served the district as “Unsung Heroes” and was a driving force in having the federal courthouses named after local legends. And in a very practical move that every lawyer can appreciate, he became the first to set parameters allowing jurors, witnesses, and attorneys to bring cell phones into the courthouse.

His service also extends beyond the courtroom and our district. A scholarship at the University of Miami School of Law was endowed in his honor. He has served on the Nicklaus Children’s Hospital Board of Directors, the Notre Dame Law School Advisory Council, and the University of Miami School of Law Visiting Committee. He has taught trial advocacy and regularly invited students to observe court proceedings—carefully selecting cases to make the experience meaningful. He also served as a member of the Executive Committee of the Judicial Conference of the United States from 2014 until 2019, working to improve efficiency and the administration of justice across a nation that would be better served if more judges were like him.

No portrait of Judge Moreno would be complete without talking about his clerks, and not solely because we are spectacular. The “FAM Family” is not a throwaway phrase. He keeps pictures of every law clerk in chronological order in chambers and, over the years, adds photographs of their children. He visits clerks when he travels, plans gatherings so clerks can meet one another, and tells new clerks enough stories about former clerks that they know their predecessors before meeting them. Even if our omertá would preclude me from saying otherwise, I can honestly say that he has done an exceptional job of bringing together a great group of people and fostering a sense of family. All of this has created a true feeling of kinship, and it is almost entirely because of him.

And anyone who has spent time around Judge Moreno knows that that mentorship and warmth is not limited to clerks. He has taught generations of lawyers how to behave in federal court: be prepared, be direct, be courteous to the courtroom staff—especially his longtime Courtroom Deputy, Shirley Christie—and let the judge handle most of the theatrics. In his Federal Bar Association interview, when asked whether young lawyers appreciate the importance of being courteous to the courtroom deputy, his answer was simple: be nice to the staff because “they’ll tell the judge.” It is funny because it is true. It is useful because it is wise. It is quintessential Moreno because it is all of those things, plus efficient.

Judge Moreno’s legacy is therefore not confined to the Federal Reporter, the courthouse, or even the Southern District of Florida. It lives in the lawyers he has trained, the clerks he has adopted into the Moreno family (some of whom have taken the bench themselves), the judges he has advised, the staff he has respected, the litigants he has heard, and the countless citizens who have watched him model what public service should look like. He has made this district feel more like itself: serious but not (too) self-important, diverse but connected, demanding but humane, practical but principled, and deeply committed to the rule of law.

Thank you, Judge Moreno. FBA write-up below:

Judge Federico Moreno was nominated to the district court by President George H.W. Bush in 1990 and continues to serve as a senior judge. As evidenced by the proudly displayed wristband in his portrait, Judge Moreno is a distinguished alum of the University of Notre Dame, where he befriended and tutored Daniel “Rudy” Ruettiger and served as the inspiration for the character D-Bob in the film Rudy. Judge Moreno attended the University of Miami School of Law. After a brief tenure at the Federal Public Defender’s Office, Judge Moreno worked in private practice before serving as a state judge in the county and circuit courts. He has presided over numerous notable cases in our district, including the infamous 1996 drug trafficking trial of Miami “Cocaine Cowboys” Sal Magluta and Willy Falcón, United States v. Falcón, et al., Case No. 91-CR-6060.

Friday, July 17, 2026

Want to be a Magistrate Judge?

By John R. Byrne

Want to be a Magistrate Judge? The court has a vacancy in Fort Lauderdale. And the timing is perfect with the new federal courthouse (maybe the future "Judge D." Courthouse) expected to open soon. Just think, you can enjoy that new courthouse smell as you preside!

Details below. 

*******

The Judicial Conference of the United States has authorized the appointment of a
full-time United States Magistrate Judge for the Southern District of Florida at
Fort Lauderdale, Florida. The current annual salary for the magistrate judge
position is $229,908 per year. The term of office is eight years.

A full public notice for the magistrate judge position is posted on the Court's

Interested persons may contact the Clerk of the District Court for additional
information and application forms. The application form is also available on the
Applications must be submitted only by applicants personally to;
9, 2026.


Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.


Wednesday, July 15, 2026

Breaking -- Jeffrey Kuntz confirmed to the SDFLA

 The final vote was 51-46.

Congratulations Judge Kuntz.

Get ready for a landslide of transferred cases! 

Chief Judge Jeffrey Kuntz of Florida's Fourth District Court of Appeals appears before the U.S. Senate Judiciary Committee in Washington, D.C. 

From Reuters:

A Florida state appeals court judge who was nominated by U.S. President Donald Trump to serve as a federal judge after ruling in the president's favor in a ​defamation lawsuit against the Pulitzer Prize Board was confirmed to the federal bench by ‌the U.S. Senate on Wednesday.
The Republican-led Senate voted 51-46 in favor of Jeffrey Kuntz becoming a federal judge on the U.S. District Court for the Southern District of Florida, marking the second time the chamber approved the appointment of a ​judge who had sided with Trump in the Pulitzer case.

Tuesday, July 14, 2026

For the Defense Bonus Episode with Teny Geragos


FOR THE DEFENSE, BONUS EPISODE:
Teny Geragos for Diddy

For the Defense is back with a bonus episode, and I think you're going to really like this one.  I sat down with Teny Geragos, an amazing trial lawyer. In the last year, she's tried three high-profile criminal sex trials -- Diddy, Harvey Weinstein, and the Alexander Brothers. 

Teny is no stranger to the bright lights and you may recognize her last name. She is Mark Geragos' daughter. Mark has also appeared on the podcast where he discussed the Susan McDougal case.  Like father, like daughter -- they win big cases.  

As always, you can catch this and other episodes on the web or on every podcast platform, including Apple and Spotify.


Sorry I haven't been cranking out as many episodes recently.  I have an excuse as I've been in a bunch of really long trials over the past year myself.  Hopefully I can get some additional episodes out soon.  In the meantime, I would really appreciate it if you could take a second and leave a review and spread the word about the podcast.

Finally, If you have a friend that would like to receive these updates, please have them sign up here.

Thank you! --David



Hosted by David Oscar Markus and produced by rakontur

CONTACT: info@rakontur.com, dmarkus@markuslaw.com