Suspended Jacksonville City Councilman wants separate trial from co-defendant

Jacksonville, FL — One of two now-suspended Jacksonville City Council members is trying to sever the federal case he faces, from that of his co-defendant. He’s also trying to have several of the charges he faces dropped.

Katrina Brown and Reggie Brown are named in a joint 38-count indictment alleging fraud, money laundering, and other charges. The US Attorney's Office claims the two conspired to fraudulently draw down on a federally-backed loan awarded to Katrina Brown's family BBQ sauce business. She would allegedly submit fake invoices for goods and services that were not actually delivered, with Reggie Brown acting as principal on the allegedly fake businesses named in the invoices.

Katrina Brown is separately charged with using fake bank and financial information to try to get bank loans. Reggie Brown is separately charged with not filing a 2014 tax return, and not disclosing his alleged earnings from the fraud scheme to the IRS.

A new motion to sever, which was filed by Reggie Brown’s attorney, says he believes “virtually all” evidence that will be put forward in the case will deal with Katrina Brown, and whether she intentionally made false representations as alleged. The motion says the government is trying to catch Reggie Brown in “its widely cast net”, instead catching people who trusted in Katrina Brown’s business skills.

“Mr. Brown respectfully submits the spillover effect of the evidence as to Katrina Brown unfairly prejudices him. There is no direct evidence Reginald Brown had any knowledge of any misrepresentations Katrina Brown may or may not have made to lenders. He never willfully agreed to commit a crime,” the motion says.

Brown’s attorney says their defense will be that, if Katrina Brown committed any crime, Reggie Brown did not knowingly participate. As such, he says the joint trial would prevent an individual defense.

The USAO has not yet responded to this motion, which was filed Wednesday.

A day later, Brown’s attorney filed another motion, seeking to dismiss 19 of the charges he faces. The motion says these counts- which deal with wire and mail fraud and money laundering- reflect multiplicity, because they reflect multiple charges off the same alleged offense. Brown’s defense claims the core offense is Katrina Brown making false representations to financial institutions, which induced checks being mailed and deposited, and the funds being transferred under the scheme. The later charges in the indictment, therefore, are multiple prosecutions from the same offense, according to the defense.

The motion additionally says the jury will be improperly prejudiced by the suggestion that Brown has committed multiple crimes, instead of one.

“While he [Brown] steadfastly maintains he did not commit any crime at all, the Court should not permit the United States to relabel the same conduct under three separate statutory provisions,” the motion says.

Yet another Wednesday motion seeks to strike language from the indictment, which deals with Brown’s vote on a City incentives deal for Katrina Brown’s family business. His defense argues including that in the indictment is an attempt to show improper action to benefit Katrina Brown, despite the fact that many on the Council backed the bill.

Both co-defendants have pleaded not guilty and have been allowed to remain out on bond, pending the legal proceedings. The trial is tentatively set for February.

Florida Governor Rick Scott suspended both Katrina Brown and Reggie Brown, after the indictment. They have since been replaced.