JACKSONVILLE, Florida — Former Jacksonville City Councilmember Katrina Brown says if she is found guilty at trial, she should not have to forfeit the full amount prosecutors claim she conspired to steal. Instead, she thinks a jury should decide what she must pay.
In paperwork filed in Federal Court this week, Brown – who now represents herself – opposed a memorandum filed by federal prosecutors under federal forfeiture laws. Their memo says that “upon conviction of any or all of the offenses for which [Brown and her co-defendant Reggie Brown] are charged … the United States would seek forfeiture the sum of at least $754,613.10, representing proceeds of those offenses.”
Both Browns (unrelated) are charged in a 38-count indictment alleging conspiracy and fraud stemming from a barbecue sauce factory started by Katrina Brown’s family. The company received millions in government loans and grants and promised to create 56 manufacturing jobs in Northwest Jacksonville. None of the jobs were ever created.
Prosecutors say federal law entitles them to "the civil forfeiture of any property, real or personal, which constitutes or is derived from proceeds traceable to any offense constituting a “specified unlawful activity” including mail and wire fraud, with which they are charged."
In their filing, prosecutors note “this figure represents the approximate amount of proceeds obtained once the alleged fraud commenced and does not represent the significantly larger amount incurred as losses in this case, for the time the fraud commenced until the present, by the Small Business Administration (SBA) and the lender (Biz Capital). The loss figure of at least $1,503,911 will be sought as restitution and is separately enforceable in addition to the forfeiture amount.”
Brown says in her response only that she “request[s] a jury determination on the amount” she owes, in the event she is found guilty.
The judge has not yet responded to Brown’s filing, which does not need to be resolved until the trial’s conclusion.
Jury selection is set to begin Sept. 18, and the trial will begin Sept. 23.