MIAMI, FLORIDA – In the ongoing fraud trial involving indicted Stanton Witherspoon and others in Florida, counsel for the accused has filed a Motion for an extension of the case in the U.S. District Court of Southern Florida until later in September.
According to the Motion, seen by African Star, counsel indicated that,
“1. The indictment, filed on January 12, 2023, charges the Defendants with conspiracy to commit wire fraud, in violation of U.S.C. § 1349, and wire fraud, in violation of 18 U.S.C. § 1343.
- The primary basis for this continuance request is that defense counsel needs additional time to review the Government’s voluminous five (5) terabyte discovery submission.
- Additionally, undersigned counsel and the government are engaged in good faith discussions to resolve the cases.
- All parties ask for a 90-day continuance for the commencement of trial…”
The joint Motion was filed on behalf of Stanton Witherspoon, Alfred Sellu and Rene Bernadel by their counsels with the hope that the U.S. Government will not oppose it.
Meanwhile, the U.S. District Court on June 8, 2023, issued an Order to Continue the Trial to October 3rd. According to the Order, defense counsels have been requested to file their objections, if any, two weeks before the new trial date of October 3 to the draft Presentencing Report (PSR) which has been served on lawyers for the accused.
The PSR is a legal and confidential (or private) report the Court will use to help determine a fair sentence specifically for defendant Witherspoon and others.
“…After the FINAL PSR has been provided to the parties, or if the PSR is subsequently Revised, or Supplemented, counsel shall file a Notice stating which of their previously filed Objections have been resolved and which Objections remain to be resolved by the Court at the Sentencing Hearing. This Notice shall be filed no later than five (5) calendar days before the scheduled sentencing hearing. All Letters in support, and Motions for Upward or Downward Departure and/or Variance shall be in writing and filed five (5) calendar days before the Sentencing Hearing. If applicable, the defendant is advised to be prepared to surrender to the U.S. Marshals to commence sentencing…” the Order continued.
Witherspoon, a native of Liberia in West Africa and others, was criminally indicted in January by a Florida grand Jury and accused of Conspiracy to Commit Wire Fraud and Wire Fraud in a fraudulent scheme where they sold thousands of fake nursing diplomas worth over $100 million dollars in a scheme that allowed some aspiring nurses to forego the required training to become licensed nurses.
According to federal prosecutors, “In fact, the aspiring nurses never completed the necessary courses and clinicals.” The fraudulent scheme involved the distribution of more than 7,600 fake nursing diplomas.
According to court documents seen by African Star, Witherspoon was arrested on January 25, 2023, in New Jersey and appeared by video link in Florida later that day to be apprised of his rights, charges and penalties against him. He waived the reading of the indictment itself.
He applied for an unsecured bond of $250,000 (Two Hundred and Fifty Thousand Dollars) for release which was granted by the court with conditions. Mrs. Lawlor Witherspoon, the spouse, took custody of the defendant after his release on January 25th.
Witherspoon is the Chief Executive Officer of the Spoon Group of Companies, which owns several media houses in the West African country of Liberia.
Witherspoon and co-defendants are facing long jail sentences and forfeitures if convicted. No indication of a plea deal has been disclosed so far, although legal observers say that the enormity of evidence in possession of the U.S. Government in the case may be difficult to overcome at any trial.
Under U.S. laws all the defendants are presumed innocent of the charges unless found guilty in court.
The case title is USA v. Witherspoon, et al filed in U.S. District Court in the Southern District of Florida (Fort Lauderdale) on January 13, 2023. Source: africanstar.org
