Motion to Withdraw as Counsel — United States v. Philossaint (Dkt. 211, S.D. Fla.)

Summary

A Motion to Withdraw as Counsel in United States of America v. Joff Stenn Wroy Philossaint, Case No. 22-80144-CR-SMITH/MAYNARD(s)(s), in the U.S. District Court for the Southern District of Florida, filed February 22, 2023. Privately retained defense counsel Ian J. Goldstein moves to withdraw, stating that he represented the defendant through a change of plea to three of the four counts and a trial on the fourth count, on which the jury convicted and sentencing is pending. The motion cites irreconcilable differences that have arisen since the verdict. It states that the defendant is unable to retain private counsel and asks the Court to appoint counsel.

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Case 9:22-cr-80144-RS Document 211 Entered on FLSD Docket 02/22/2023 Page 1 of 2




                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

                        CASE NO. 22-80144-CR-SMITH/MAYNARD(s)(s)

 UNITED STATES OF AMERICA,

                Plaintiff,

 vs.

 JOFF STENN WROY PHILOSSAINT,

             Defendant.
 ___________________________________/

                             MOTION TO WITHDRAW AS COUNSEL

        The undersigned attorney hereby moves to withdraw as counsel of record for defendant

 Joff Stenn Wroy Philossaint. In support of this request, counsel would state the following:

        1. Undersigned counsel was privately retained to represent the defendant in the above

            captioned cause, wherein he was charged with conspiracy to commit wire fraud, two

            counts of conspiracy to commit money laundering, and obtaining naturalization by

            fraud.

        2. Counsel represented the defendant through a change of plea to three of the four

            counts against him and went to trial on the fourth count of obtaining naturalization by

            fraud.

        3. Defendant was convicted by a jury as to count four, and sentencing is pending.

        4. Since the jury’s verdict, there have arisen irreconcilable differences between the

            undersigned counsel and the defendant, which have resulted in counsel’s inability to

            provide continued effective counsel to Mr. Philossaint.

        5. Counsel therefore must move to withdraw from further representation in this matter.



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Case 9:22-cr-80144-RS Document 211 Entered on FLSD Docket 02/22/2023 Page 2 of 2




        6. Counsel has discussed this mater with Mr. Philossaint, who advised that he is unable

            to retain private counsel. As such, it is requested that the Court appoint counsel to

            represent him in this matter.

                                 CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that the foregoing has been electronically filed and served on

 counsel for all parties via CM/ECF this 22nd day of February 2023. Counsel has also provided a

 copy of this motion to the defendant via U.S. Mail on this same date.

                                              Respectfully submitted,

                                              LAW OFFICES OF IAN GOLDSTEIN P.A.
                                              Counsel for Defendant Philossaint
                                              330 Clematis Street, Suite 209
                                              West Palm Beach, FL 33401
                                              Tel: (561) 600-0950
                                              Email: ian@iangoldsteinlaw.com
                                              /s/ Ian J. Goldstein
                                              IAN J. GOLDSTEIN, ESQUIRE
                                              Florida Bar No. 0085219




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