Notice of Errors in Complaint Affidavit — U.S. v. Edwards

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U.S. District Court, Middle District of Florida, Orlando Division · No. 6:20-mj-01673-LHP · Doc. 8 · 2020-09-23 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
JOSHUA EVAN EDWARDS, 
JOY ESTHER EDWARDS, 
EVAN WILLIAM EDWARDS, and 
MARY JANE EDWARDS 
 
 
CASE NO. 6:20-mj-01673-LRH 
 
NOTICE OF ERRORS IN COMPLAINT AFFIDAVIT 
 
     I.    INTRODUCTION 
 
 
The United States of America, by Maria Chapa Lopez, United States 
Attorney for the Middle District of Florida, notifies this Honorable Court of 
errors in the affidavit that was previously submitted in support of a Criminal 
Complaint, issued on September 18, 2020.  The United States is disclosing the 
errors in the affidavit to ensure compliance with Title 28, United States Code, 
Section 530B, ethical standards for attorneys for the Government, the Middle 
District of Florida Local Rules, Rule 2.02(c), establishing that attorneys in the 
Middle District of Florida are governed by the Code of Professional 
Responsibility and other ethical limitations or requirements governing the 
professional behavior of members of The Florida Bar, and The Florida Bar 
Rules of Professional Conduct, Rule 4-3.3, Candor Toward the Tribunal.  
 
 
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II. 
PROCEDURAL HISTORY 
 
On September 18, 2020, this Court signed the Criminal Complaint1 in 
this matter. As a basis for issuing such Complaint, this Court reviewed and 
relied upon an affidavit attached to the Complaint.  The United States was 
recently informed of unintentional errors contained in the affidavit.  The 
United States does not seek to amend the affidavit; rather, we are disclosing 
the errors in the prior affidavit and informing the Court of the corresponding 
corrections to comply with The Florida Bar Rules of Professional Conduct, 
Middle District of Florida Local Rules, Rules 2.02(c) and 2.04(d), and Title 
28, United States Code, Section 530B.  To file a complete notice and avoid 
the undersigned from becoming a necessary witness, the United States has 
attached an affidavit identifying the errors in the previously submitted affidavit 
and the respective corrections.  See Affidavit; Ex. 1.     
 
III. 
MEMORANDUM OF LAW 
 
“Every attorney appearing in the Middle District of Florida is governed 
by the Code of Professional Responsibility and other ethical limitations or 
requirements governing the professional behavior of members of The Florida 
Bar.”  U.S. v. Hough, 2013 WL 4596516, at *2 (M.D. Fla. 2013).  Title 28 
United States Code, Section 530B states, in part: 
                                                     
1 Upon motion of the United States, the Criminal Complaint was 
subsequently dismissed without prejudice.  
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(a) An attorney for the Government shall be subject to State laws 
and rules, and local Federal court rules, governing attorneys in 
each State where such attorney engages in that attorney’s duties, 
to the same extent and in the same manner as other attorney in 
that State. 
  
28 U.S.C. § 530B.  In addition, the Middle District of Florida Local Rules, 
Rule 2.02(c), provides: 
Any attorney who appears specially in this Court . . . shall be 
deemed familiar with, and shall be governed by, these rules in 
general, including Rule 2.04 hereof in particular; and shall also be 
deemed to be familiar with and governed by the Code of 
Professional Responsibility and other ethical limitations or 
requirements then governing the professional behavior of the The 
Florida Bar.2  
 
 
The Rules Regulating the Florida Bar require candor toward the 
tribunal.  Specifically, The Florida Bar Rules of Professional Conduct, Rule 
4-3.3, states, in part, the following: 
 
(a) False Evidence; Duty to Disclose.  A lawyer shall not knowingly:  
 
(1) make a false statement of fact or law to a tribunal or fail to 
correct a false statement of material fact or law previously made to 
the tribunal by the lawyer;  
 
(2) fail to disclose a material fact to a tribunal when disclosure is 
necessary to avoid assisting a criminal or fraudulent act by the 
client;  
 
                                                     
2 The Middle District of Florida Local Rules, Local Rule 2.04(d) states:   
 
The professional conduct of all members of the bar of this Court, admitted generally 
under Rule 2.01 or specially under Rule 2.02, shall be governed by the Model Rules of 
Professional Conduct of the American Bar Association as modified and adopted by 
the Supreme Court of Florida to govern the professional behavior of the members of 
the Florida Bar. 
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(3) fail to disclose to the tribunal legal authority in the controlling 
jurisdiction known to the lawyer to be directly adverse to the 
position of the client and not disclosed by opposing counsel; or 
 
(4) offer evidence that the lawyer knows to be false.  A lawyer 
may not offer testimony that the lawyer knows to be false in the 
form of a narrative unless so ordered by the tribunal.  If a lawyer, 
the lawyer’s client, or a witness called by the lawyer has offered 
material evidence and the lawyer comes to know of its falsity, the 
lawyer shall take reasonable remedial measures including, if 
necessary, disclosure to the tribunal.  A lawyer may refuse to offer 
evidence that the lawyer reasonably believes is false.  
 
 
Subsection (c) addresses ex parte proceedings and states:  
 
(c) Ex Parte Proceedings.  In an ex parte proceeding a lawyer 
shall inform the tribunal of all material facts known to the lawyer 
that will enable the tribunal to make an informed decision, 
whether or not the facts are adverse. 
 
 
 
Subsection (d) explains that the lawyer’s duty continues beyond the  
 
conclusion of the proceeding and states:  
 
(d) Extent of Lawyer’s Duties.  The duties in this rule continue 
beyond the conclusion of the proceeding and apply even if 
compliance requires disclosure of information otherwise protected 
by rule 4-1.6.  
 
 
IV. 
NOTICE TO THE COURT 
 
The special agent who attested to the affidavit in this matter recently 
informed the United States that the affidavit in support of the Application for 
a Search Warrant contained unintentional errors.  To comply with the 
Florida Bar Rules of Professional Conduct, the United States has attached an 
affidavit identifying the errors and provided the corresponding corrections.  
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See Ex. 1.  As stated above, the United States is not requesting to submit an 
amended affidavit to the Court.  Rather, the United States only seeks to notify 
the Court of the errors and provide corresponding corrections to ensure that 
we have complied with our obligations of candor.   
 Respectfully submitted, 
 
MARIA CHAPA LOPEZ 
United States Attorney 
  
  
By: /s/ Jennifer M. Harrington                                   
JENNIFER M. HARRINGTON 
Assistant United States Attorney 
Florida Bar No. 0117748 
400 W. Washington Street, Suite 3100 
Orlando, Florida 32801 
Telephone:   (407) 648-7500 
Facsimile:    (407) 648-7643 
E-mail:     Jennifer.Harrington2@usdoj.gov 
 
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