Friday, September 11, 2026

Florida Man Arrested For Fraud in Westin Hotel Cited Facebook now Hearing on $46 Million



Florida Man Arrested For Fraud in Westin Hotel Cited Facebook now Hearing on $46 Million

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Sept 4 รข€“ 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.

Docketed on April 14, 2025: "Change of Not Guilty Plea to Guilty Plea as to Andrew Franzone (1) Count 1,2."

Previously, 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 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."

On September 22 his lawyer asked for a time served sentence on October 6.

On September 23 the US Attorney's Office wrote in asking to delay sentencing, since Franzone "having lodged approximately 80 objections to the PSR" also contests all but one enhancement. They suggest a status update in two weeks.

On September 24 Judge Broderick adjourned sentencing sine die.

On January 15 the US Attorney's Office wrote in saying the Guideline should be 210 to 262 months and the forfeiture amount $46 million.

Jump cut to September 4: "ORDER as to Andrew Franzone: The Government argues that I should impose a forfeiture amount of totaling $46,643,293.18, which it claims is a "'reasonable estimate1 of the proceeds of Franzone's crime, predicated on the value of all funds invested in FF Fund (that is, deposited with the Fund), but conservatively excluding money invested by those who submitted letters on Franzone's behalf." (Gov1t Sub. 18.) Franzone claims in response that the Government has failed to "prov[e] that the proceeds from Mr. Franzone's fraud total over $ 46.6 million."" (Def. Resp. 37.) I intend to ask the following questions at the proceeding on September 17, 2026, among others: Is the money that Franzone took as fees/compensation subject to forfeiture? How did Franzone finance his racing team? What fees/compensation did Franzone receive during the conspiracy? Accordingly, I conclude that a Fatico hearing with witness testimony is not necessary. On September 17, 2026, the parties should be prepared to answer the above questions, and to present oral argument on the applicability of sentencing enhancements for loss amount, number of victims or substantial hardship, and sophisticated means. The parties should also be prepared to present oral argument concerning acceptance of responsibility and forfeiture. (Signed by Judge Vernon S. Broderick on 9/4/2026)."

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

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

sdny

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480
500 Pearl Street, NY NY 10007 USA

Mail: Box 130222 NY NY 10017

Reporter's mobile (and weekends): 718-716-3540



Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2025 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com