Joseph Ellicot -case update Forfeiture Motion. Has Matt Gaetz Resigned? Me thinks mid/late May 2022
Sentencing hearing once again delayed and I’m pretty sure I know why or at a minimum of how Ellicott & Greenberg are forever entwined with Matt Gaetz
Recently a reader of mine inquired about any case updates. And for those who are unaware of the murder of crows circling Matt Gaetz’s political career… also is it just me or has Matty become uncharacteristically silent? Me thinks I know why and why you shouldn’t rule a May 2022 Surprise out… trust me on this, I’ll explain why… also I genuinely appreciate readers who post a comment and/or question because this actually helps me keep better track of the cases I’m following. I genuinely mean that, without my readers what would my purpose be?
…Joseph “big coins” Ellicott Sentencing Hearing continued, again…
Not that this matters but when a defendant enters into a plea agreement —generally speaking if that plea agreement has a cooperation subsection then they are essentially the “property of the US Attorney Off9ce” until that US Attorney states otherwise. So while some might not know there’s actual connective tissue in the previous filings, I suppose I’m not like most people…
The Government and Defendant Ellicott apparently also agreed to a three level reduction, at the time of Defendant Ellicott’s sentencing… in order to help you understand Defendant Ellicott’s newly unsealed Plea Agreement (or you can pull down the plea agreement from my Scribd Account)
Then the Defendant’s sentencing hearing is typically continued (by both the Government and Defendant’s request) until the government no longer needs or requires their cooperation. Case in point in May of 2021 I pulled over on the roadside of I95 and uploaded Joel Greenberg’s Plea Agreement (read more here) and occasionally alerted my readers to the numerous “rescheduling” of Greenberg’s sentencing hearing.
With respect to Greenberg —his sentencing hearing has been rescheduled for late May 2022. And to be fair and accurate my previous tweets/thread regarding Gaetz’s allegedly“snorting nose snow off a hookers ass” (click here for some receipts) that wasn’t me being cheeky. I’d urge you to look at the time/date stamp in each of those tweets/threads. That was me offering a spicy take on why Gaetz should be really concerned… which now brings us to Gaetz’s other friend Joseph “big coins” Ellicott.
On March 4, 2022 the Court set Defendant Ellicott’s Sentencing for March 26, 2022…
Set/reset hearings as to Joseph Ellicott: Sentencing set for 4/26/2022 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell.
Then on March 17, 2022 Defendant Ellicott filed: First MOTION to Continue Sentencing by Joseph Ellicott. See MDFL-ECF…
and on March 18, 2022 the Court granted Defendant Ellicott’s Motion (see text of order below)
ORDER as to Joseph Ellicott granting 32 MOTION to Continue Sentencing .Sentencing reset for 5/16/2022 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Counsel for the parties shall notify chambers as soon as possible if they believe the hearing will be longer than 45 minutes. The Court will not accept motions or memoranda not filed at least three business days prior to sentencing. Signed by Judge Gregory A. Presnell on 3/18/2022
So if we are all in agreement that’s what the docket states then let me draw your attention to the April 27, 2022 entry, which reads as follows:
NOTICE OF RESCHEDULING HEARING: The sentencing hearing previously scheduled for 5/16/2022 is rescheduled as to Joseph Ellicott. New hearing date and time:Sentencing reset for 5/24/2022 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Counsel for the parties shall notify chambers as soon as possible if they believe the hearing will be longer than 45 minutes. The Court will not accept motions or memoranda not filed at least three business days prior to sentencing.
May 3, 2022 -MOTION for entry of order of forfeiture by USA as to Joseph Ellicott (see MDFL-ECF
May 3, 2022 MOTION for entry of order of forfeiture by USA
I could be wrong here but I don’t think I am —to date this is the most detailed factual breakdown by the Government. I want you to pay very close attention to the actual time/dates contained herein:
…to enter an order of forfeiture in the amount of $6,000, representing the amount of proceeds the defendant obtained from his conspiracy to commit wire fraud, which, upon entry, should become final as to the defendant. In support thereof, the United States submits the following memorandum of law.
…In paragraph 13 of his plea agreement, entitled “Forfeiture of Assets,” the defendant agreed that he obtained $6,000 in proceeds as a result of the offense charged in Count One….He further admitted that as a result of his acts and omissions, the proceeds he obtained from his conspiracy to commit wire fraud were transferred to third parties and could not be located by the government upon the exercise of due diligence.
Again much of this we already knew (well at least that’s if you had read the Criminal Information and Plea Agreement) but the exact time and other details appear to now be un-redacted. And the fact the Government has the receipts isn’t surprising but it’s still delightful to read…
…defendant admitted in the Factual Basis of the Plea Agreement that in January 2017, the defendant, was hired by a government agency in Seminole County (referred to herein as the “Governmental Agency”) as a Special Projects Manager. The elected head of the Governmental Agency was a public official and Ellicott’s friend (referred to herein as the “Public Official”). From an unknown date, but beginning at least by in or around January 2017, and continuing thereafter through and including in or around 2019, Ellicott, the Public Official, and a contractor with the Governmental Agency (referred to herein as the “Contractor Conspirator”) conspired with each other to commit wire fraud and honest services fraud.
…knew that this cover story was false and fraudulent and was only intended on attempting to conceal the fact that the Contractor Conspirator was illegally paying cash to the Public Official in case someone questioned the transaction later. The defendant knew that the transaction was illegal, in part, due to the fact that it was made in cash, that the money was being given to the Public Official by someone who was being paid by the Governmental Agency on a contract, and that the Contractor Conspirator had devised a false cover story to conceal the true purpose of the transaction
Now I want you to view Defendant Ellicott and Greenberg’s latest sentencing hearings dates. Do you see what I see? No? Allow me to explain the subtext here; both defendants have a cooperation clause in their respective plea agreements —and both are now set to be sentenced within day(s) of each other after numerous continuances.
🚨speculation alert🚨 what that tells me is we might know for sure if Matt Gaetz will be indicted. Alternatively if Gaetz suddenly resigns in mid-to late May 2022 — my educate guess is prosecutors gave him a choice either resign, never run for public office or we will unseal that indictment. ←again that’s speculation and educated guesses on my end. But everything tells me that Greenberg and Ellicott are (or were) important witnesses for the Government. Again I’d urge you to be skeptical of my previous assertion. Only time will tell who’s right and who’s wrong but I don’t think I’m wrong…
Also today’s saltwater therapy is more of brackish than saltwater… since we traveled the Potomac River and my other boss refused to let me off his boat until I screamed some of my pain away… it took longer than both of us expected
…it’s hard to believe it’s only been six days and each day has felt like an emotional marathon mixed with groundhogs day…but if I’m going to be intellectually honest: I really am a little bit better today than I was yesterday. And I truly believe releasing the most primal of primal screams is in fact extremely cathartic…
🇺🇦 Слава Україні🇺🇦
…Also if this New York Times article is correct —I’m not mad about it and neither should you. In fact I’m downright euphoric that the Biden Administration (gasping clutching invisible pearls) helped Ukraine out with near real time intelligence…🇺🇦 Слава Україні🇺🇦
Great piece. I sure hope you’re right. But I kinda want to see Gaetz indicted. It seems like he would throw Tucker Carlson & DeSantis under the bus for some shenanigans in order to save his own butt.
He has been fairly quiet lately but this is an interesting tweet. Probably not worthy of Matt’s 👀 emoji though.
Thank you for everything you do, especially today. The personal tragedy is a difficult one, and not one that any person might ever recover from. I hope you find strength in reflection, knowing you are loved and valuable for so very many reasons, the least of which is being a friend and confidant to those that have the good fortune of being in your life.