By Dessalines Ferdinand
Jean Rodrigue Marcellus avoids prison time for PPP Loan Fraud he pleaded guilty for. On May 3, 2024, Judge Beth Bloom (of the United States District Court for the Southern District of Florida) delivered the sentencing for the former North Miami District 4 Councilman. The proceedings, which lasted 30 minutes, concluded with a series of significant decisions regarding Marcellus’s future.
The 64 years old man was sentenced to “time served,” indicating that the duration he had already spent in custody was deemed sufficient. However, Marcellus will be subjected to three years of supervised release.
During this supervised release period, he must adhere to standard conditions typically imposed in such cases, including regular check-ins with a probation officer, maintaining lawful behavior, and avoiding further criminal activity. In addition to these standard conditions, the former councilman has been ordered to comply with several special conditions as part of his sentencing. These conditions are designed to monitor and improve his conduct while ensuring accountability and restitution to the community.
– He is prohibited from leaving his authorized federal judicial district without prior permission from the court or his probation officer.
– Marcellus must answer truthfully all questions posed by his probation officer.
– He must live at a place approved by the probation officer and notify him at least 10 days in advance of any changes to his living arrangements. If advance notification is not possible, he must inform the probation officer within 72 hours of the change.
– Marcellus must allow the probation officer to visit him at any time and permit the officer to take any prohibited items observed in plain view.
– He must work full-time (at least 30 hours per week) at a lawful job unless excused by the probation officer. If he does not have a full-time job, he must seek employment unless excused. He must notify the probation officer at least 10 days before changing his job or work conditions, or within 72 hours if advance notice is not possible.
– Marcellus must not interact with anyone engaged in criminal activity and must avoid contact with anyone convicted of a felony without permission from his probation officer.
If arrested or questioned by law enforcement, he must notify his probation officer within 72 hours.
– He is prohibited from owning, possessing, or having access to firearms, ammunition, destructive devices, or dangerous weapons.
Home Detention with Electronic Monitoring – Marcellus will participate in the Home Detention Electronic Monitoring Program for six months. During this period, he must remain at his residence except for employment and other pre-approved activities. He is required to provide documentation as requested by the U.S. Probation Officer and maintain a telephone at his residence without certain services, such as call forwarding or caller ID. He will wear an electronic monitoring device and follow the procedures as instructed, and must pay for the monitoring equipment according to his ability to pay.
Financial and Legal Obligations – Marcellus has been ordered to pay $127,715.00 in restitution to the victims (U.S. Department of the Treasury) of his crime. He is also required to pay a mandatory assessment fee of $100.00. No additional fines were imposed.
Community Service – Marcellus is required to perform 100 hours of community service, to be completed no later than three months prior to the termination of his supervision. He must perform a minimum of 10 community service hours each month, as directed by the U.S. Probation Office.
Financial Disclosure – Marcellus must provide complete access to his financial information, including both business and personal finances, to his U.S. Probation Officer. This ensures that his financial activities are monitored closely to prevent any further illicit conduct.
No New Debt Restriction – Marcellus is prohibited from applying for, soliciting, or incurring any new debt, including loans, lines of credit, or credit card charges, without first obtaining permission from the U.S. Probation Officer. This restriction is intended to prevent any further financial misconduct.
Permissible Search – Search Consent: Marcellus must submit to searches of his person or property by the U.S. Probation Officer at any reasonable time and in a reasonable manner.
Self-Employment Restriction – Restrictions on Self-Employment: Marcellus must obtain prior written approval from the Court before entering into any self-employment ventures. However, he is permitted to work as a taxi driver, providing a specific exception to this restriction.
These conditions, alongside the financial restitution and supervised release, aim to ensure that Marcellus remains accountable for his actions while providing a structured path towards rehabilitation. The comprehensive monitoring and restrictions placed upon him reflect the seriousness of his offenses and the judicial system’s commitment to preventing future misconduct.
The court proceedings saw the presence of attorneys Daniel Rosenfeld (Counsel for United States) and Kathleen Elena Handlin Taylor (Counsel for Defendant Marcellus). Probation Officer Danielle Sylvester-Pierre was also in attendance, overseeing the imposition of conditions for Marcellus’s supervised release.
Absence of Community Support
In a striking turn of events, the former North Miami Councilman found himself largely unsupported by prominent Haitian community leaders during his sentencing. Despite his long-standing involvement in the community, none of the well-known figures came forward to write a clemency letter to the judge on his behalf, with one notable exception—Maxo Sinal, his former campaign manager.
“I have known Rodrigue for thirty years as a dedicated community leader, family man, and public servant who has significantly contributed to our communities. Rodrigue has championed the causes affecting the Haitian community, worked to ensure refugees were treated with dignity, served as a respectful police officer, and worked diligently as a councilman. I acknowledge the seriousness of his case and its consequences, but I hope you will also consider his past contributions, his sacrifices, and his unwavering compassion for his friends. I believe Rodrigue will strive to rectify his mistakes and continue to positively impact our communities,” said Sinal in his clemency letter to the judge.
Despite Sinal’s efforts, the lack of broader support from other prominent figures was conspicuous. The absence of support from Haitian community leaders during Marcellus’s legal proceedings is a stark contrast to the backing he enjoyed during his time in office. Typically, community figures rally around public officials facing legal challenges, offering character references and clemency letters to the court. However, in Marcellus’s case, this support was notably missing.
The other five persons who wrote a clemency letter to judge Beth Bloom were: Cergine M. Cator-Eusebe, MSW (longtime friend), Sarah Yamiley Dabady (his niece), Jacques Pierre (childhood friend back in Haiti), Dr. Wenceslas Douzable (friend), and Windy Augustin (friend).
Moving Forward
Jean Rodrigue Marcellus was informed of his right to appeal the sentence, ensuring that he is aware of his legal options moving forward. As Jean Rodrigue Marcellus transitions from custody to supervised release, he faces significant challenges. The lack of endorsement from his former supporters adds to the weight of his legal and financial obligations. Marcellus will need to comply with the court’s conditions, including home detention, financial disclosures, and community service, as he works towards rehabilitation.
