telexfree-logoAs per an SEC filing earlier today, following the issue of an arrest warrant on January 15th, Sanderley Rodrigues was arrested in Florida on January 20th.

After his arrest he appeared before Magistrate Judge Elizabeth Jenkins of the United States District Court for the Middle District of Florida (Tampa) regarding the terms of his incarceration.

The court ordered him detained in the Pinellas County Jail in Florida pending a further hearing on Friday, January 22, 2016, to determine whether he can travel to Massachusetts on bond or whether the U.S. Marshals Service must escort him to Massachusetts.

A followup filing by the SEC details potential problems with this ruling.

At the heart of it, should U.S. Marshals be entrusted to transport Rodrigues, the transfer itself could be delayed by up to three months.

This is owing to the U.S. Marshals’ “Federal Transportation Routes”, which would see Rodrigues ‘likely traversing the United States ending in California first before heading back to the east coast.‘

The potentially massive delay has seen both the SEC and Rodrigues seek further clarification on the matter.

The SEC have asked the court to clarify whether Rodrigues need be transferred at all, with a suggestion that, as required, Rodrigues could make court appearances in Massachusetts on bond.

In the event the court rules Rodrigues must be transferred, the SEC have asked whether or not he can be transported ‘on bond using a commercial carrier‘.

Rodrigues meanwhile has cited difficulties in communicating with his attorney, should he be subject to US Marshals transportation.

If the defendant is transported back to Boston, this would cause significant problems for the undersigned to be able to timely and effectively communicate with the defendant either for this case or the unrelated pending criminal case in Boston once he is loaded onto “Con Air.”

Rodrigues’ lawyer claims to be ‘working diligently with the defendant’ family members and acquaintances to determine access to funds to help satisfy the purge amount of the civil contempt‘ ($474,503).

Rodrigues’ arrest warrant was issued in the District of Massachusetts. Rodrigues lawyer however has included a transcript excerpt as an exhibit, which suggests the Judge stipulated that Rodrigues would be incarcerated in Florida should he be arrested.

A hearing has been scheduled for January 22nd to decide the matter. Stay tuned…

 

Footnote: Our thanks to Don@ASDUpdates for providing a copy of the SEC and Rodrigues’ attorney’s respective filings (filed January 21st).

 

Update 23rd January 2016 – Following a hearing on the matter earlier today, Judge Gorton has ordered Rodrigues incarcerated in Florida.

It is the intention of this Court that defendant be incarcerated in an appropriate penal facility in Florida until his contempt is purged or further notice of this Court.