U.S. Marshals show up at Miami Commissioner Joe Carollo’s home to seize assets

MIAMI — The U.S. Marshals Office arrived at Miami Commissioner Joe Carollo’s Coconut Grove home on Friday afternoon after being ordered by a federal court to seize $63,500,000 of his assets last month.

In a writ of execution filed on January 9, 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.

According to CBS News Miami’s Ivan Taylor, who was on the scene, U.S. Marshals arrived at Carollo’s home around 1:30 p.m. and placed three documents on his front door, stating that the seizure had begun. One document was a notice of U.S. Marshal Levy, which tells the receiver that they’re running out of time before the IRS can begin seizing assets, while the other two were writs of final judgment and execution.

It appears that no one was home at the time of notice.

Taylor said that he had reached out to Carollo for comment, but he has not responded.

Just over an hour later, Carollo’s attorney Marc Sarnoff appeared outside of the home to take pictures of the notices for evidence.

“We’re just representing the commissioner and his wife’s best interests because this is marital property,” he told Taylor and other media outlets who were on scene. “And, the court’s not made a determination. And, we just want to make sure their rights are protected and that they’re afforded some due process.”

Carollo’s wife, Marjory — who is on the property’s title and mortgage, according to Sarnoff — has no judgment against her, reiterating that the notices are only for Carollo himself. He also said that it is subject to an appeal.

“Commissioner Carollo’s personal assets are subject to a potential seizure — it hasn’t happened yet,” Sarnoff said.

Sarnoff also criticized the U.S. Marshals’ actions, saying that it was “inappropriate” of them to touch Carollo’s property at this time in the legal process.

“I think it’s a product of not being careful,” he added.

Sarnoff then told reporters that he hopes that one of the judges will rule over the older judgments:

“That’s what we’re looking for: due process,” he said. “We’re looking for the judges to actually not sit on things but to take rulings.”

“By the way: legal purgatory is worse than being in heaven and worse than being in hell,” Sarnoff added. “And, that’s where we are — legal purgatory.”

Sarnoff told Taylor and others that despite the notices, the Carollos will still be able to enter and exit their home because they’re entitled to their marital property. He then took a phone call in the media gaggle.

After his phone call, Taylor asked more about whether the Marshals could move forward will the seizure because a CBS News Miami investigation into Carollo’s properties later confirmed that Marjorie was not named by the Miami-Dade Property Appraiser’s Office. However, Sarnoff pushed back, saying that because of Florida constitutional homestead laws, Joe and Marjorie’s home would not be seized.

Last November, a federal court ordered the city to garnish the commissioner’s wages after he was liable in June for violating the First Amendment rights of two 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 a federal order, Carollo is ordered to pay $34.3 million with interest to Fuller and $29.2 million with interest to Pinilla.

In response to the situation, Fuller and Pinilla’s attorney Jeff Gutchess released a statement, saying that the U.S. Marshals’ appearance serves as a “clear reminder” to public officials that their authority is derived from the public trust and not a tool to advance “corrupt personal ambitions.”

“Last summer, a federal jury found Carollo liable for over $63 million in damages for the harm caused by his First Amendment campaign of retaliation against two businessmen—William O. Fuller and Martin Pinilla, II—for having the temerity to speak out against Carollo’s political policies, to support Carollo’s election opponent, and to challenge Carollo’s ethical lapses and corrupt practices,” Gutchess stated.

“Today, the United States Marshal’s Service posted a notice of levy on Carollo’s property at 3230 Morris Lane, representing the first step towards a public auction of the property so that the proceeds may be used to begin satisfying the judgment entered against Carollo. Although Carollo continues to resist the consequences of his misconduct, they should serve as a clear reminder to other public officials that their political authority is derived from the public trust and is not a tool to advance their corrupt personal ambitions.”