Do I Really Have to Go? Miami Lawyer Begs Off NY Hearing Due to Coronavirus Risk
Miami criminal tax attorney David Garvin asks a New York federal judge to skip a bond hearing for a convicted ex-Locke Lord Miami partner, citing the case of an infected Manhattan attorney and recirculated air on jets.
March 04, 2020 at 05:25 PM
3 minute read
The original version of this story was published on New York Law Journal
Citing a Manhattan attorney infected with coronavirus, a Miami attorney asked a New York judge by email if he could skip appearing at a hearing in person and attend remotely.
Criminal tax attorney David Garvin asked Tuesday to appear by phone — a relatively common practice in federal court — for a March 12 bond hearing for former Locke Lord Miami corporate law partner Mark Scott, who is set for sentencing in late May.
Scott was convicted in November of money laundering and bank fraud conspiracy in a scheme to reroute more than $400 million in proceeds from a Bulgaria-based cryptocurrency scam called OneCoin. His defense maintained he was tricked, but prosecutors charged he pocketed $50 million for creating fake private equity investment funds in the British Virgin Islands.
Garvin said he feared air travel to and from the court would put him at risk of contracting Covid-19, which has been found in New York, Florida and 15 other states.
Garvin sent his letter to U.S. District Judge Edgardo Ramos of the Southern District of New York as U.S. public health officials confirmed at least 160 cases and law firms beefed up safety measures in light of the mounting global threat.
Garvin's letter noted the Manhattan lawyer flew home from Miami while he was sick and said air circulation on jets could help spread the disease.
"The air conditioning system of the aircraft recirculates the cabin air. Passengers on each flight will not know for 14 days whether they were unfortunate enough to have contracted the disease. Through this motion the undersigned seeks to avoid placing himself in harm's way," he wrote.
Garvin did not immediately return calls for comment by deadline Thursday.
His letter said Scott and co-counsel, Covington & Burling partner Arlo Devlin-Brown in New York, planned to attend the hearing in person. Scott's Florida Bar license was suspended after his conviction.
The Administrative Office of the U.S. Courts in late February called for the expanded use of teleworking and teleconferences in a memo sent to all federal judges outlining procedures to "ensure the continuation of necessary court functions" in the case of an outbreak. Courts were encouraged monitor travel notices from the U.S. Centers for Disease Control and Prevention and the Transportation Security Administration.
A spokesman said Wednesday that the Administrative Office is drafting new guidance on potential impacts on court operations, and individual courts could "establish a pandemic/infectious disease emergency response team to tailor activities to their particular circuit or district."
The District Executive's Office for the Southern District of New York did not return a call seeking comment on its emergency-preparedness planning.
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