Facing wire-fraud and tax charges, state Rep. Reggie Fullwood is asking a federal judge to block prosecutors from arguing the Florida Division of Elections is a victim of an alleged scheme to divert campaign funds to personal use.
Fullwood’s attorney, Robert Willis, filed the request last week as he prepares to seek a dismissal of wire-fraud charges that are a major part of a federal indictment unsealed in April.
Fullwood, a Jacksonville Democrat who has served in the House since 2010, was accused of illegally using campaign contributions to pay a wide range of expenses.
In the filing, Willis took issue with prosecutors contending Fullwood used a wire-fraud scheme to defraud the state Division of Elections, along with campaign contributors. The Division of Elections, which is part of the Florida Department of State, handles campaign-finance reports and information.
“To be absolutely clear, by this motion the defendant does not seek to prohibit the government (prosecutors) from offering whatever evidence it may have of the defendant’s handling of campaign funds and the reportage thereof as required by Florida election law,” Willis wrote.
“Rather, this motion seeks to prohibit the government from inferring, suggesting, or arguing that the Florida Department of State Division of Elections is the ‘victim’” who Fullwood is alleged to have defrauded, Willis said.
The document also indicated the issue is part of a broader attempt to clear Fullwood on the wire-fraud charges.
“The defendant’s pretrial efforts, including this motion, have been an effort to identify and clarify what the government is really charging here so as to better illuminate what the defendant believes are deficiencies in the government’s theory,” the filing said.
Fullwood could stand trial in August on the charges, which include 10 counts of wire fraud and four counts of failure to file federal income-tax returns. The indictment said Fullwood transferred money from a campaign bank account to an entity he owned called Rhino Harbor, LLC.
The indictment said Fullwood used the money “to pay personal expenses or withdraw cash at various locations, including restaurants, grocery stores, retail stores, jewelry stores, florists, gas stations, ATMs for cash withdrawals, and liquor stores.”
As of Monday afternoon, prosecutors had not responded to Willis’ motion to bar the Division of Elections from being considered a potential victim in the case, according to an online docket.
Fullwood has taken the initial steps to run for re-election this year in Duval County’s House District 13. But amid his legal troubles, two other Democrats and three Republicans have opened campaign accounts to run for the seat.