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Florida Man Arrested For Fraud in Westin Hotel Cited Facebook Now Trial Pushed to March

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Jan 22 – Andrew Franzone was arrested for fraudulently inducing victims to purchase limited partnership interests in an investment fund by means of misrepresentations and omission. But, with retained counsel, he is seeking to suppress.          

On September 12, 2022, U.S. District Court for the Southern District of New York Judge Vernon S. Broderick held an in-person suppression hearing. Inner City Press went and covered it. 

   Franzone was arrested, then later the room was searched. Afterward Judge Broderick ordered the government to submit an affidavit listing the investigative steps taken between Franzone's arrest on April 22, 2021 and the request for the second search warrant on May 21, 2021, and on communications with the Westin Hotel.

The affidavit(s) are due by September 30, with Franzone's counsel to submit a supplemental brief by October 7.

On November 16, Franzone's counsel submitted a half-redacted letter seeking to be relieved as counsel, referring before and after the redactions to Franzone's representation in "the civil matters."

On November 18, Judge Broderick ordered: "ORDER granting [62] LETTER MOTION re: [62] LETTER MOTION addressed to Judge Vernon S. Broderick from Joseph R. Corozzo and Angela D. Lipsman dated 11/16/22 re: Permission to Be Relieved As Counsel as to Andrew Franzone. Deborah Coleson is appointed as Mr. Franzones counsel for the limited purpose of resolving issues related to his CJA application.. (Signed by Judge Vernon S. Broderick on 11/18/2022)."

On May 25, 2023, Franzone's new counsel filed a motion to suppress materials seized from Franzone's Gmail account, arguing that the warrant application contained material misstatements made in reckless disregard for the truth.

On September 25, 2023 Franzone's lawyers answered Judge Broderick's written pre-hearing questions, including if they have any cases "where a court has suppressed evidence seized from a defendant's Google applications based on the argument that the search warrant affidavit only related to one Google application."

In response they cited US v. Blake, 868 F.3d 960 (11 Cir. 2017) about Facebook, and Judge Valerie E. Caproni's decision in US v. Garlick, which Inner City Press covered.

On January 11, 2024, Franzone got new (CJA) counsel: "Minute Entry for proceedings held before Judge Vernon S. Broderick: Status Conference as to Andrew Franzone held on 1/10/2024.Defendant Andrew Franzone present with CJA Counsel, Deborah Colson and Ben Silverman. AUSA Kiersten Fletcher present with Christopher O'Rourke. Duty CJA counsel, Max Nicholas present. Court Reporter Dana Holland present. Status conference held. Defendant's request for new CJA counsel addressed. For the reasons stated on the record, Mr. Nicholas will represent Mr. Franzone in the meantime, however, his current counsel is not yet relieved."

Jump cut to August 30, more delay: "ORDER as to Andrew Franzone. On August 29, 2024, I held a conference in this case to discuss Mr. Corozzo's availability to represent Defendant Andrew Franzone at trial, currently scheduled for November 12, 2024. Having considered the issues raised at the conference, it is hereby ORDERED that trial in this matter is adjourned to February 3, 2025 at 10:00 a.m. The adjournment is necessary to permit Mr. Corozzo sufficient time to review the voluminous discovery produced by the Government."

On January 22, 2025 at another conference, the trial was pushed back to March 3 "to permit the parties to either finalize a pre-trial disposition or proceed to trial."

The case is USA v. Franzone, 1:21-cr-446 (Broderick)

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