“Your client has never coughed once.”

That was Judge Turnoff getting even the defendant to laugh during his suppression hearing involving cough syrup.  From David Ovalle:

For all his Instagram photos of guns, cash and drugs, the self-proclaimed “CEO of the Purple Drank” insisted he wasn’t actually peddling large bottles of prescription cough syrup to Miami’s hip-hop crowd.

He posted all that stuff to enhance his street cred, self-described rap producer Harrison Garcia told a federal judge Monday. And for the likes on social media.

“I had an image to portray, to boost up my followers,” Garcia said. “I guess it’s just the music industry.”

And so Garcia, the accused mastermind of dozens of pharmacy heists across South Florida, claimed he was not a dealer but just a junkie, addicted to drinking the syrup mixed with soda, a brew known as “lean” or “sizzurp.”

The government is accused (again!) of invading the defense camp.

This one deals with the high profile case of Dr. Salomon Melgen, who is represented by Kirk Ogrosky and Matt Menchel. I'll relate the facts as detailed in the motion, which is being heard by Judge Marra:

The government executed a search warrant on Dr. Melgen’s office back in February of 2013. According to the motion, Dr. Melgen then retained a Medicare billing consultant, Ann Rose, to assist them in the representation.  Nevertheless, the government subpoenaed Dr. Melgen for records related to Ann Rose.  

Dr. Melgen’s lawyers informed the government that it had retained Rose and asked the government if it had issued a Grand Jury subpoena directly to her.  The government responded that it had issued a subpoena, but that it was prior to learning that Rose had been retained by Dr. Melgen’s lawyers.  So, Dr. Melgen’s lawyers requested that they be allowed to participate to protect the privilege.  The government did not respond and went forward without allowing Dr. Melgen’s lawyers to participate.  An indictment was returned in April of 2015.

Post indictment, Dr. Melgen learned that the prosecution had issued another Grand Jury subpoena to Ms. Rose a month after his lawyers had informed the government that she was working for them as a consultant on the case.  Ms. Rose had complied with the subpoena and was interviewed by the prosecution.  Dr. Melgen’s attorneys were never told of the interview, any grand jury appearance, or allowed to lodge any objections.  And, the government apparently has not provided any discovery to Dr. Melgen related to what happened.

On December 6, 2016, Dr. Melgen filed a motion in limine seeking discovery from SDFL and an proffer outside the presence of the jury if the government seeks to call their case consultant at trial.  This month, the prosecution responded by telling Judge Marra that they didn’t ask any questions about the consulting engagement and Ms. Rose didn’t reveal any privileged material.  Dr. Melgen’s reply stated the obvious: how would Dr. Melgen or his attorneys ever know what happen or how to object without any discovery? 

If true, how can the government justify issuing a subpoena to an attorney’s consultant with knowledge that the consultant is part of the defense team without even giving the lawyers an opportunity to object?

Here's the motion, response, and the reply. Should be interesting to see how this plays out.

Everyone wants a piece of El Chapo

Even though he's being prosecuted in the EDNY (here's the indictment), 6 other districts want him too.  As does DOJ.  And lots of others. From the Government's press release:

The government’s case is being prosecuted by Assistant U.S. Attorneys Andrea Goldbarg, Hiral Mehta, Patricia Notopoulos, Gina Parlovecchio and Michael Robotti from the Eastern District of New York; Assistant U.S. Attorneys Adam Fels, Lynn Kirkpatrick and Kurt Lunkenheimer from the Southern District of Florida; and Trial Attorneys Amanda Liskamm, Anthony Nardozzi and Michael Lang of the Criminal Division’s Narcotic and Dangerous Drug Section.

The case was investigated by the DEA, ICE and the FBI, in cooperation with Mexican and Colombian law enforcement authorities.  Substantial assistance was provided by the U.S. Attorney’s Offices in the Northern District of Illinois, the Western District of Texas, the Southern District of New York, the Southern District of California, and the District of New Hampshire.  The Department of Justice’s Office of International Affairs also provided assistance in bringing Guzman Loera to the United States to face charges.  The investigative efforts in this case were coordinated with the Department of Justice’s Special Operations Division, comprising agents, analysts, and attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section, DEA, FBI, ICE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, the Internal Revenue Service Criminal Investigation, the U.S. Bureau of Prisons, and the New York State Police. 

Our very own U.S. Attorney Ferrer is making an appearance "of counsel" in the EDNY case.  What a show...  the government even filed this detention memo, as if El Chapo is going to get a bond.  Ha!

We see you, Judge Ed Carnes. We see you!

He is having too much fun in this Kardashian case before the 11th Circuit.  The introduction:

Kimberly, Kourtney, and Khloe Kardashian appeal the district court’s denial of their motion to compel arbitration of Kroma Makeup, EU’s claims against them for cosmetics trademark infringement. At first blush, the issue appears to require application of Florida’s doctrine of equitable estoppel under which a party to an agreement who relies on it in a dispute with a non-party can be required by that non-party to comply with other terms of the agreement, including the arbitration clause. But there is a wrinkle in this case: the arbitration clause which the non-party to the agreement is seeking to enforce is explicitly limited to disputes between the parties. What then?

 And the conclusion:

Like makeup, Florida’s doctrine of equitable estoppel can only cover so much. It does not provide a non-signatory with a scalpel to re-sculpt what appears on the face of a contract. The district court correctly denied the Kardashians’ motion to compel Kroma EU to arbitrate the dispute between them.

Ft. Lauderdale airport shooter detained

No surprise there.  And his lawyer, Bob Berube, agreed to it.  The Sun-Sentinel has the details about the hearing where evidence came out that he thought he was under "mind control" and had visited jihadi chat rooms:

Accused airport shooter Esteban Santiago told investigators after his arrest that he communicated with Islamic State terrorists or sympathizers in "jihadi chat rooms" before he killed five people in Fort Lauderdale, authorities said in court Tuesday.
Whether that's true is not clear. Prosecutors and agents are still combing through electronic devices Santiago may have used, looking for evidence to show whether he was radicalized and whether he actually visited those terrorist chat rooms and websites, law enforcement sources said.
Santiago's statements to investigators were revealed during a court hearing Tuesday in federal court in Fort Lauderdale.

Haitian Senator appears in Southern District of Florida; Snow Day in Miami; Jon Sale meets with Mayor Guliani

Interesting questions about whether he was lawfully taken from Haiti or not.  The Miami Herald has some coverage:

With dozens of T-shirt clad supporters and his wife looking on, former Haiti rebel leader and Senator-elect Guy Philippe pleaded not guilty Friday to drug-trafficking and money-laundering charges in a Miami federal courtroom.
Philippe’s plea came as his recent arrest by the Haiti National Police continued to spark nationalist sentiments in Haiti and abroad, and his supporters demanded answers about how he could have been turned over so quickly to U.S. federal agents for prosecution in the United States.
Philippe’s lawyers and supporters say there was no legal procedure followed, and he was essentially taken from Haiti without any formal process. The Haiti National Police, they said, voluntarily turned him over to the U.S. Drug Enforcement Administration, which brought him to Miami on Jan. 5.
“This may conflict with international law,” said Zeljka Bozanic, one of Philippe’s attorneys, who was joined by Philippe’s wife, Natalie. “I don’t think the proper legal protocol was followed.”

dd

And in other news, the Palm Beach Post remembers the Snow Day in Miami back in the 70s.  Our very own Bill Matthewman makes an appearance:

William Matthewman, a U.S. magistrate judge for the Southern District of Florida in West Palm Beach, was a uniformed police officer for the City of Miami in January 1977. He was on patrol, and handling a traffic stop with some other officers. He remembers it was bitterly cold.
“All of a sudden, small flakes fell from the sky and started landing on the windshield of our cars and on our dark blue uniforms,” said Matthewman, who was born and raised in Miami. “Once we all realized it was snow, we were really amazed.”
Matthewman said he recalls the driver in the traffic stop got a “snow break” and no ticket.
Climatologically, it is not supposed to snow in South Florida. The laid back tropics are a region constantly gaining energy from the sun, and with Florida’s temperatures moderated by warm water on three sides, snow is unusual even in northern reaches of the state.

If other blogs can report on Trump meeting with Pryor, we can report on Guliani meeting with Jon Sale (and his wife Jayne Weintraub).  Sale, one of the leading candidates for U.S. Attorney, and Guliani are law school classmates and close friends.  It may give him the inside track for the gig if he wants it.

Trump has interviewed Judge William Pryor for open SCOTUS seat

Wow, he's not wasting any time.  Above the Law has all of the details:

On Saturday afternoon, here in cold and snowy New York, President-elect Donald Trump interviewed Judge William Pryor of the Eleventh Circuit for the open seat on the U.S. Supreme Court. The opportunity to meet with PEOTUS to talk about SCOTUS must have lifted Judge Pryor’s spirits, in the wake of the loss of his beloved Crimson Tide in Monday’s football championship.
The news of a Trump/Pryor meeting, while notable, is not surprising. At last week’s press conference, Trump said that SCOTUS meetings are underway and we should expect a nominee within two weeks of inauguration day. And Judge Pryor, beloved by conservatives, sits at the top of the Trump SCOTUS list.
...
Judge Pryor is very conservative and very outspoken — but he’s also very smart and a stickler for preparation, and he would likely perform well at confirmation hearings. He might not be able to bob and weave around the issues as well as some other nominees, given his paper trail and past pronouncements (and he might not even bother to; recall how he refused to disavow his “Roe is an abomination” comment in his 2005 hearings). But Bill Pryor is not going to self-immolate like Robert Bork in 1987; he’s too shrewd for that. And short of a self-immolation, he has a solid shot of winning confirmation, with 52 Republicans in the Senate (plus some Democrats who might cross over — Vice President-elect Mike Pence is already working on that). 

"It’s Game of Thrones, The Apprentice, and Survivor, all mixed into one.”

Via Politico, great quote from a senior Trump person on the transition process... David Lat from Above the Law has coverage of the SG sweepstakes and the DOJ transition, which all seems very chaotic.  The process for this District doesn't seem any more organized. 

Enjoy the long weekend.