MIAMI – The U.S. Marshal’s Office has been ordered by a federal court to seize $63 million in assets from Miami Commissioner Joe Carollo, according to court records.
In a writ of execution filed Tuesday, the United States District Court ordered marshals to seize Carollo’s cash, goods and land.
The seized cash and property will be used to satisfy a federal civil judgment.
Last November, a federal court ordered garnishment of the commissioner’s wages after he allegedly violated the First Amendment rights of two local businessmen who accused him of trying to destroy their businesses as political retaliation.
Carollo was accused of orchestrating a vendetta against William Fuller and Martin Pinilla, the operators of a string of businesses along the Little Havana business corridor that includes the iconic Ball & Chain nightclub, because they supported a rival candidate for political office.
Jurors in the civil trial ordered Carollo to pay $63.5 million in total to the men as a result of the verdict.
According to court records, a judge ordered Carollo to pay $34.3 million with interest to Fuller and $29.2 million with interest to Pinilla.
“The whole point of this is to stop the government abuse,” said Attorney Jeff Gutchess, who will be providing a list of Carollo’s assets to U.S. Marshals. “The marshals should seize the house, and change the locks, and they will take all the property and auction it off to raise proceeds to pay for the judgment.”
Legal analyst David Weinstein says those assets could include Carollo’s rental or investment properties or more.
This deals with properties that are not his Homestead but property that is in his name and of which has an ownership,” he said. “It could be bank accounts in his name, it could be vehicles that are owned by him, boats that are owned by him.”
“That will take a number of weeks,” said Gutchess. “I am sure Commissioner Carollo will object and try to slow down the process, but we are communicating with the U.S. Marshals this week. We are giving them a list of assets this week and we hope they will go to the house this week or next week and start the execution process.”
Last week, Carollo’s attorneys filed an objection arguing that he is exempt from garnishment because he is the head of his family.
Gutchess explained to Local 10 News why he plans to argue that Carollo’s wife, not the commissioner, is the head of the household:
“He is basing his argument based on his wife, claiming that she is completely dependent on him,” said Gutchess. “We oppose that by saying that is not a valid reason but also seeking discovery as to the wife’s corporation, because she has an active corporation in Florida, and that company, the financials have not been produced to us. It is an active corporation generating revenue and we are entitled to see what type of business Mr. Carollo’s wife is conducting (and) what type of revenue she is generating.”
“That motion is still pending and would have to be resolved. The writ of execution is only as to other items, not his wages,” said Weinstein.
“What is the takeaway for Carollo?” Local 10 News reporter Christina Vasquez asked Weinstein.
“It is not a good takeaway for him,” Weinstein responded. “The marshals are going to go out and look for the property that is in his name and they are going to attach themselves to it and it will be used to satisfy the judgment against him.”
On Monday, Gutchess filed a complaint against QBE Specialty Insurance, the city’s insurance company, which is seeking to recover the nearly $6 million in compensatory damages the federal civil jury awarded.
In November, Muller and Pinilla filed a new federal civil suit related to the economic harm caused to their businesses by what they say was Carollo’s “weaponization of code enforcement” and other city resources for his personal benefit to target his ”perceived” enemies.
“We have also asked the court to affirmatively enter an order enjoining Commissioner Carollo and others in the city from carrying out any type of political retaliation,” said Gutchess.
Miami Mayor Francis Suarez, who was attending a Miami police news conference on lower homicide rates in the community, told Local 10 News that he spoke to Carollo Wednesday morning.
“I spoke to him (Carollo) this morning. There was no one at his house. I heard some reports on social media that there was some law enforcement action at his house, but he confirmed to me that there weren’t,” he said.
Suarez also said that he expects Carollo to attend Thursday’s city commission meeting.
Local 10 News has reached out to Carollo’s office for comment but have not received a response.
Read Carollo’s motion to fight the court’s garnishing of wages order below.