Fla.

Judge Acquits Miami Woman Of Fraud Just Before Irma - Law360 Page 1 of 2

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Fla. Judge Acquits Miami Woman Of Fraud Just

Before Irma
By Carolina Bolado

Law360, Miami (September 8, 2017, 1:20 PM EDT) -- As Hurricane Irma barrels her way
toward Florida, it could not derail a trial in Orlando against a Miami woman accused of
bank fraud that ended Thursday afternoon with an acquittal, just before the state shut
down to prepare for the coming storm.

U.S. District Judge Paul G. Byron acquitted Rebecca Gheiler on Thursday at 1:30 p.m. after
the government rested its case, according to Gheiler's attorney, David Markus, who then
raced home to his family in Miami. His was one of the few cars heading south on Thursday
afternoon, while the northbound lanes on the highway looked like a parking lot, he said.

Judge Byron was incredibly thorough and thoughtful, Markus said. He made sure justice
was done and did so in time for all of us to get back safely to our families to prepare for
Irma. This is one we will never forget.

A member of the prosecution team could not immediately be reached for comment Friday.

Gheiler was on trial for allegedly offering incentives to entice people to buy condominium
units in communities owned by Tribute Residential LLC and failing to disclose this
information as required on documents for the U.S. Department of Housing and Urban
Development, according to the indictment.

Buyers were told that Tribute would pay the mortgage and homeowners' association dues
for the first two years, according to the indictment. Prosecutors also said that Gheiler gave
buyers upfront cash to close on the condos.

The trial began Tuesday, just as Florida was beginning to brace for an impact from the
powerful hurricane Irma. Both sides discussed the storm, but neither asked for a
continuance.

When we came in Tuesday morning, the prosecutor asked, what are we going to do?
Markus said. The judge asked the jury if they had any concerns, and nobody seemed that
worried or upset. I think both as the days went on and everybody was checking their
spaghetti models, the prosecutor and the defense team became a lot more efficient.

Markus said that early in the trial, the defense agreed that Gheiler had in fact offered the
incentives and failed to put them on the HUD documents, which helped speed up the case
because the prosecution did not have to prove these allegations.

But Markus argued that Gheiler had not acted with criminal intent and had done everything
on the advice of Angel Garcia-Oliver, her attorney, who testified at the trial. Garcia-Oliver

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Fla. Judge Acquits Miami Woman Of Fraud Just Before Irma - Law360 Page 2 of 2

has already pled guilty.

After the prosecution rested, he moved for an acquittal, and the judge agreed, ruling that
there was no evidence presented that Gheiler ever acted with criminal intent. He found
instead she had relied on her lawyer, who told her repeatedly that she was filling out the
HUD forms appropriately, according to Markus.

The government is represented by Christopher Poor and Vincent Chiu of the U.S.
Attorney's Office for the Middle District of Florida.

Gheiler is represented by David O. Markus, Margot Moss and Todd Yoder of Markus/Moss.

The case is U.S. v. Gheiler, case number 6:16-cr-00174, in the U.S. District Court for the
Middle District of Florida.

--Editing by Jack Karp.

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