Congresswoman Sheila Cherfilus-McCormick of Broward County returned to a Miami federal courtroom Tuesday to be arraigned on charges related to her alleged theft of $5 million in government relief funds.
But the law firm that has been temporarily representing the congresswoman requested and was granted another postponement after Miami attorney David Markus of Markus Moss PLLC advised a federal magistrate that there are still financial and “other complications” that need to be resolved before the firm can be permanently retained.
U.S. Magistrate Enjolique Lett noted that the representation issue has been pending since Thanksgiving, about the time Cherfilus-McCormick made her first appearance.
“At some point we’re going to have to decide what’s going on,” the judge said during a hearing that lasted just four minutes.
“You’re absolutely right, your honor,” Markus replied.
“I think we can work this out,” he added.
Lett agreed to again defer the arraignment until Feb. 3 after Markus pledged to have the retention issue resolved by then — either with the hiring of his own firm or that of another attorney.
The decision essentially guarantees the delay of a Jan. 26 trial date set by U.S. District Judge Darrin Gayles, who has been assigned the case.
The congresswoman is set to appear Wednesday morning before Gayles for a scheduling conference the judge had set along with the trial date.
On Tuesday, Markus told Judge Lett that he would explain the situation to Gayles when he appears with the congresswoman in court.
After the hearing, both Markus and the congresswoman exited the C. Clyde Atkins U.S. Courthouse in downtown Miami with the lawyer telling reporters neither he nor his client had anything to say.
Cherfilus-McCormick, 46, a Democrat, was indicted in late November on multiple counts including the theft of $5 million from the Federal Emergency Management Administration, conspiracy to commit theft, money laundering, conspiracy to make and receive straw donor contributions, and conspiracy to make a false and fraudulent statement on a tax return.
On Dec. 29, Cherfilus-McCormick appeared before U.S. Magistrate Judge Lisette Reid for her arraignment, but Reid, too, was informed arrangements had not been finalized for the congresswoman’s permanent legal representation.
Reid had postponed the arraignment until Tuesday.
As no arraignment has been conducted thus far, the congresswoman has not entered a plea, although she declared her innocence outside the court in December and in November after the indictment was returned against her.
In an unexpected post-hearing statement in December, Markus alleged on the courthouse steps that certain individuals in the Florida Democratic Party had “targeted” the congresswoman.
“This case involves mistakes that typically aren’t even misdemeanors, forget about federal felonies,” Markus told reporters with the congresswoman at his side. “And we’re starting to uncover evidence that folks within the Florida Democratic Party are the ones targeting the congresswoman, and that’s very troubling to us, and we’ll be looking into that more and more as the case goes forward, and exposing those folks who are targeting the good congresswoman.”
Markus did not elaborate. He did not identify any of the individuals. Since then, there have been no further public announcements about the issue.
Cherfilus-McCormick has represented Florida’s 20th congressional district, a seat formerly held by the late Rep. Alcee Hastings, since 2022. The district covers most Black-majority areas around Fort Lauderdale and West Palm Beach.
The congresswoman, whose birthday is Sunday, continues to remain in office while the case plays out and has vowed to continue representing her constituents.
Cherfilus-McCormick has been free on bond after her initial court appearance on Nov. 25. But the court limited her travels to the Southern District of Florida, Washington, D.C., the Eastern District of Virginia and District of Maryland. Later, she was granted permission to visit her mother-in-law, who had undergone back surgery, in Brevard County.
Her co-defendants in the case are: Nadege Leblanc, the congresswoman’s chief of staff; tax preparer David Spencer; and Edwin Cherfilus, the lawmaker’s brother, who is being represented by the Office of the Federal Public Defender. The two others are being represented by private lawyers who are being paid with public funds under the 1964 federal Criminal Justice Act, according to court files.
The crimes alleged by the government occurred before Cherfilus-McCormick was elected.
She had been CEO of Trinity Health Care Services, a family-run company that provides in-home care services in Miami-Dade, Broward and Palm Beach counties. Founded in 1994 and licensed by the state Agency for Health Care Administration, the firm maintains offices in Miramar and West Palm Beach.
According to the indictment, Trinity delivered $50,578.50 in services during the COVID-19 pandemic, including vaccination outreach. But after Trinity sought reimbursement from the Florida Division of Emergency Management — the agency distributing the FEMA funds — the company received more than $5 million because of a clerical error.
Under federal law, the company was obliged to report the error and return the money. And after the mistake was made known, Trinity entered into a settlement with the state to return the excess payment over time.
But the federal government alleges the congresswoman and her brother conspired to steal the money, launder it and persuade friends and family members to donate money to her congressional campaign. Allegedly, the donors were reimbursed.
The government also included tax fraud charges against the congresswoman and her tax preparer.