JACKSONVILLE, Fla. – Federal prosecutors say they are not opposed to delaying the potential sale of former Jacksonville City Councilman Reggie Brown’s home while he appeals his convictions on conspiracy and fraud charges.
Last month, Brown filed two motions aimed at delaying a forfeiture order against his home, until after his appeals are exhausted. Brown was released from prison last month and wrote that if the forfeiture moves forward, “I will be homeless.” While the 11th Circuit of the U.S. Court of Appeals denied his initial appeal last year, Brown has asked the court’s full panel of judges to rehear the case.
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A judge had issued a preliminary forfeiture order as part of Brown’s sentence for his home on Ray Road to be forfeited to the federal government and sold. The net proceeds will go toward Brown’s order of forfeiture, which is over $411,000.
In a response filed Thursday, prosecutors wrote they are not opposed to delaying the sale of the home or eviction of anyone inside until all of Brown’s appeals are resolved. However, prosecutors opposed a request to delay the legal proceedings around the forfeiture process. If a final order of forfeiture is entered, the government would have legal ownership of the home, even though it would not have taken possession of the home. Additionally, if a forfeiture order is entered, all occupants would be ordered to maintain the home in its current condition.
Brown’s motions also suggest that he plans to file a motion to overturn a conviction, based on ineffective counsel. In their response, prosecutors say this type of motion, sometimes known as a Form 2255 motion, can only be used to challenge the portion of a sentence that involves holding a defendant in custody and not the forfeiture portion of a sentence. They opposed delaying the forfeiture of Brown’s home until the point where any future motions like this would be resolved.
A judge will have to rule on Brown’s motion to delay the forfeiture.
The appeals court has not yet said whether it will rehear Brown’s appeal.
Reggie Brown and former Jacksonville City Councilwoman Katrina Brown, who is not related, were convicted in 2019 on federal charges including conspiracy and fraud, related to a federally-backed loan and city grant for Katrina Brown’s family’s barbecue sauce business.
They were eventually sentenced in fall 2020 and they started their sentences in January 2021. Reggie Brown was given 18 months in prison, and Katrina Brown was given 33 months in prison. Reggie Brown was released from prison on January 14. Experts say federal prisoners typically only serve about 85 percent of their sentences, if they show good behavior, and spend the end of their sentences in a halfway house or home confinement to help with rehabilitation and reintegration to society.