| 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
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