Charged with toddler child porn, declared indigent, suffering from cancer, former Florida Elections Commission Counsel ERIC MATTHEW LIPTON is inmate number 55255-509, spending Thanksgiving 2021 in a low-security Tallahassee federal prison, awaiting a December 13, 2021 jury trial before United States District Court for the Northern District of Florida Mark E. Walker in Tallahassee.
On July 15, 2021, a United States Magistrate Judge, Hon. Martin A. Fitzpatrick ordered ERIC LIPTON held without bond pending trial, citing the "safety of the community" in an offense involving a toddler victim, finding probable cause that LIPTON committed the offenses charged, pursuant to the Bail Reform Act.
On July 26, 2021, United States District Court for the Northern District of Florida Mark E. Walker upheld the Magistrate Judge's finding.
On September 20, 2021, compassionate release was denied, citing the federal government's ability to care for ERIC LIPTON's cancer.
Footnote: As Florida Elections Commission General Counsel, LIPMAN once vindicated First Amendment rights, including his ringing dismissal as "legally insufficient" of a rambling 78-page complaint by an elected official in St. Augustine Beach filed as retaliation against a reform candidate who was running against her.
Now LIPMAN stands accused of violating the rights of a toddler in a child porn case. Not much coverage of this case since the initial charge -- it's almost as if the GANNETT disorganization in Florida is too busy cutting staff to cover the news.
From pacer.gov
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
UNITED STATES OF AMERICA,
vs. CASE NO.: 21-CR-30-MW-MAF
ERIC MATTHEW LIPMAN,
Defendant. __________________________/
ORDER OF DETENTION
The United States has moved pursuant to the Bail Reform Act that Defendant be detained pending trial pursuant to 18 U.S.C. § 3142(e)(1). Under § 3142(e)(3)(E), there is a rebuttable presumption that “no condition or combination of conditions will reasonably assure the appearance of” the Defendant and the “safety of the community” if probable cause is found that the Defendant committed “an offense involving a minor victim under” either 18 U.S.C. §§ 2251 or 2252. The Court finds there is sufficient probable cause to support the Indictment that Defendant committed the offenses as charged. United States v. Hurtado, 779 F.2d 1467, 1479 (11th Cir. 1985). Thus, a hearing was held this day pursuant to 18 U.S.C. § 3142(f)(1) to “determine whether any condition or combination of conditions . . . will reasonably
Case 4:21-cr-00030-MW-MAF Document 16 Filed 07/15/21 Page 2 of 5
Page 2 of 5
assure” the Defendant’s appearance as required and the safety of the community. The following findings are made:
1. Defendant has been charged in a four-count Indictment with one count of conspiracy to distribute, receive, and possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(2) and (5); receiving child pornography, in violation of 18 U.S.C. § 2252A(a)(2) and (b)(1); distributing child pornography, in violation of 18 U.S.C. § 2252A(a)(2) and (b)(1); and possession of child pornography involving a prepubescent minor under twelve years old, in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(1). The proffer of evidence in support of the Indictment is strong.
2. The government proffered that the nature of the offense strongly supports the rebuttable presumption that Defendant poses a danger to the community. The government explained the state’s investigation of the alleged crimes resulting in the filing of criminal charges against Defendant in Leon County. That investigation continued to develop further and led to the Indictment in the instant criminal case. The government stressed that the facts of the federal case are significantly distinct from the state case, where Defendant was charged with possession of child pornography. Here, the facts underlying the offenses indicate that for a period of time, Defendant used multiple online chatrooms and platforms, email accounts, and multiple
Case No. 4:21-cr-00030-MW-MAF
Case 4:21-cr-00030-MW-MAF Document 16 Filed 07/15/21 Page 3 of 5
Page 3 of 5
electronic devices to receive and distribute photographs and videos depicting sexual acts upon children. In one of the videos, the youngest victim was a toddler, apparently, incoherent during the sexual abuse by an adult male. Additional details of the photographs and videos were read into the record by the government and, thus, are not repeated here. Defendant distributed child pornography to others through online chat forums. The government maintained that although Defendant has no prior criminal history, is a member of the Florida Bar, and was released without bond in a related state court case, there are no conditions that could be set by the Court to ensure there is no risk of danger to the community. This is primarily because (1) Defendant’s communications involved people who live in other countries and (2) Defendant is technologically savvy and took additional steps to hide his conduct including deleting files and emails, reinstalling operating systems on his computer, and reformatting external drives. Defendant conducted these activities from his home.
3. Defendant proffered that he has strong ties to the community, has been a member of the bar for twenty-nine years, and worked as an attorney for the Florida Elections Commission for nearly twenty years. Defendant is currently unemployed. Defendant maintained that he has demonstrated he is not a danger to the community or a flight risk because
Case No. 4:21-cr-00030-MW-MAF
Case 4:21-cr-00030-MW-MAF Document 16 Filed 07/15/21 Page 4 of 5
Page 4 of 5
he has no criminal history; and, since April 1, 2021, he has complied with all the terms of his release in the state’s related criminal case and has been present at all hearings.
4. Defendant has some health concerns, which are currently under control but require follow up care. Defendant denies any alcohol- or other substance abuse history. Defendant has been married for approximately eighteen years. Nonetheless, these ties are not sufficient to ensure Defendant would not commit additional crimes if released prior to trial.
5. Defendant is 59 years old and has no criminal history. Despite that, this case is significantly different from the state court case. There is a significant level of technological expertise and involvement with other unknown, overseas conspirators, demonstrated in this case so that the Court cannot be satisfied that restrictions would be sufficient to ensure the safety of the community. This is particularly so given that the victims in this case were very young children, including a toddler. Here, Defendant uses the internet and electronic equipment as the means to commit the crimes alleged.
6. Although Defendant demonstrates that he is not a flight risk, the Court finds by clear and convincing evidence that Defendant has not rebutted
Case No. 4:21-cr-00030-MW-MAF
Case 4:21-cr-00030-MW-MAF Document 16 Filed 07/15/21 Page 5 of 5
Page 5 of 5
the presumption of § 3142(e)(3)(A), (B) that he would be a danger to the community if released.
7. The motion to detain the Defendant prior to trial is GRANTED. Accordingly, it is ORDERED:
That the Defendant be committed to the custody of the Attorney
General or his designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The Defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On Order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility shall deliver the Defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.
DONE AND ORDERED on July 15, 2021.
s/ Martin A. Fitzpatrick
MARTIN A. FITZPATRICK
UNITED STATES MAGISTRATE JUDGE
Case No. 4:21-cr-00030-MW-MAF
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
UNITED STATES OF AMERICA,
v. Case No.: 4:21cr30-MW/MAF ERIC MATTHEW LIPMAN,
Defendant. _______________________________/
ORDER DENYING MOTION FOR COMPASSIONATE RELEASE
Defendant moves for compassionate release for the purpose of receiving treatment related to his recovery from cancer. ECF No. 37. This Court ordered the Government to respond to Defendant’s motion on an expedited basis. ECF No. 38. The Government has now filed its response. ECF No. 39.
This Court agrees with the Government that the exact basis upon which Defendant is moving for release is unclear. But regardless of the basis, this Court also agrees with the Government that Defendant’s motion is due to be denied. This Court’s primary concern in addressing Defendant’s motion is that Defendant receive the care he needs. Based on the Government’s response, it is clear that BOP is taking Defendant’s condition seriously, has requested his medical records, and that nothing about Defendant’s condition must be addressed on an emergency basis. Because this Court is satisfied that Defendant’s health is not at risk, the motion for release is
Case 4:21-cr-00030-MW-MAF Document 40 Filed 09/10/21 Page 2 of 2
DENIED.
SO ORDERED on September 10, 2021.
s/Mark E. Walker
Chief United States District Judge
2
U.S. District Court
Northern District of Florida (Tallahassee)
CRIMINAL DOCKET FOR CASE #: 4:21-cr-00030-MW-MAF All Defendants
Case title: USA v. LIPMAN | Date Filed: 07/06/2021 |
| Assigned to: CHIEF JUDGE MARK E WALKER Referred to: MAGISTRATE JUDGE MARTIN A FITZPATRICK | ||
Defendant (1) | ||
| ERIC MATTHEW LIPMAN | represented by | RICHARD HIGDON SMITH RICHARD SMITH PA - TALLAHASSEE FL 517 E COLLEGE AVENUE TALLAHASSEE, FL 32301 850-222-0454 Fax: 850-224-2030 Email: richard@richardsmithpa.com ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts | Disposition | |
| ACTIVITIES RE MATERIAL CONSTITUTING/CONTAINING CHILD PORNO (1-4) | ||
Highest Offense Level (Opening) | ||
| Felony | ||
Terminated Counts | Disposition | |
| None | ||
Highest Offense Level (Terminated) | ||
| None | ||
Complaints | Disposition | |
| None |
Plaintiff | ||
| USA | represented by | JUSTIN MICHAEL KEEN DOJ-USAO 111 N ADAMS STREET SUITE 400 TALLAHASSEE, FL 32301 850-942-8430 Email: justin.keen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/06/2021 | 1 | INDICTMENT (PDF redacted per privacy policy) as to ERIC MATTHEW LIPMAN (1) count(s) 1-4. (vkm) (Entered: 07/07/2021) |
| 07/06/2021 | 2 | Sealed Document (Unredacted Indictment) (vkm) (Entered: 07/07/2021) |
| 07/06/2021 | 3 | CRIMINAL COVER SHEET by USA as to ERIC MATTHEW LIPMAN (copy to US Marshal)(PDF sealed per Privacy Policy) (vkm) (Entered: 07/07/2021) |
| 07/06/2021 | 4 | MOTION REQUESTING AN ORDER SEALING THE INDICTMENT by USA as to ERIC MATTHEW LIPMAN. (vkm) (Entered: 07/07/2021) |
| 07/06/2021 | 5 | ORDER granting 4 MOTION REQUESTING AN ORDER SEALING THE INDICTMENT as to ERIC MATTHEW LIPMAN (1). Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 7/6/2021. (vkm) (Entered: 07/07/2021) |
| 07/06/2021 | 6 | ORDER FOR WARRANT as to ERIC MATTHEW LIPMAN. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 7/6/2021. (vkm) (Entered: 07/07/2021) |
| 07/15/2021 | 8 | MOTION to Unseal Case by USA as to ERIC MATTHEW LIPMAN. (amm) (Entered: 07/15/2021) |
| 07/15/2021 | 9 | ORDER granting 8 Motion to Unseal Case as to ERIC MATTHEW LIPMAN (1). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/15/2021. (amm) (Entered: 07/15/2021) |
| 07/15/2021 | 10 | NOTICE OF ATTORNEY APPEARANCE: RICHARD HIGDON SMITH appearing for ERIC MATTHEW LIPMAN (SMITH, RICHARD) (Entered: 07/15/2021) |
| 07/15/2021 | 11 | REQUEST DISCOVERY (SMITH, RICHARD) (Entered: 07/15/2021) |
| 07/15/2021 | 12 | Minute Entry for proceedings held before MAGISTRATE JUDGE MARTIN A FITZPATRICK:Initial Appearance as to ERIC MATTHEW LIPMAN held on 7/15/2021 (Court Reporter DCR TLH.) (amm) (Entered: 07/16/2021) |
| 07/15/2021 | 13 | BRADY v. MARYLAND NOTICE as to ERIC MATTHEW LIPMAN. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/15/2021. (amm) (Entered: 07/16/2021) |
| 07/15/2021 | 14 | ORAL MOTION FOR DETENTION by USA as to ERIC MATTHEW LIPMAN. (amm) (Entered: 07/16/2021) |
| 07/15/2021 | 15 | Minute Entry for proceedings held before MAGISTRATE JUDGE MARTIN A FITZPATRICK:Detention Hearing as to ERIC MATTHEW LIPMAN held on 7/15/2021 (Court Reporter DCR TLH.) (amm) (Entered: 07/16/2021) |
| 07/15/2021 | 16 | ORDER OF DETENTION as to ERIC MATTHEW LIPMAN (1). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/15/2021. (amm) (Entered: 07/16/2021) |
| 07/15/2021 | 17 | Minute Entry for proceedings held before MAGISTRATE JUDGE MARTIN A FITZPATRICK:Arraignment as to ERIC MATTHEW LIPMAN (1) Count 1-4 held on 7/15/2021 (Court Reporter DCR TLH.) (amm) (Entered: 07/16/2021) |
| 07/15/2021 | 18 | ORDER SETTING TRIAL AND OTHER PRE-TRIAL MATTERS as to ERIC MATTHEW LIPMAN: Jury Trial set for 8/23/2021 8:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 7/15/2021. (amm) (Entered: 07/16/2021) |
| 07/16/2021 | 19 | MOTION for Protective Order CONCERNING DISCLOSURE OF RULE 16 DISCOVERY INFORMATION by USA as to ERIC MATTHEW LIPMAN. (KEEN, JUSTIN) (Entered: 07/16/2021) |
| 07/19/2021 | 20 | MOTION FOR REVIEW OF MAGISTRATES DETENTION ORDER by ERIC MATTHEW LIPMAN. (SMITH, RICHARD) (Entered: 07/19/2021) |
| 07/19/2021 | 21 | RESPONSE in Opposition by USA as to ERIC MATTHEW LIPMAN re 20 MOTION FOR REVIEW OF MAGISTRATES DETENTION ORDER (KEEN, JUSTIN) (Entered: 07/19/2021) |
| 07/19/2021 | 22 | PROTECTIVE ORDER CONCERNING RULE 16 DISCLOSURE OF DISCOVERY INFORMATION granting 19 Motion for Protective Order as to ERIC MATTHEW LIPMAN (1). Signed by CHIEF JUDGE MARK E WALKER on 7/19/2021. (vkm) (Entered: 07/19/2021) |
| 07/19/2021 | 23 | ORDER GRANTING 20 MOTION FOR REVIEW as to ERIC MATTHEW LIPMAN (1) - The Clerk is directed to set this matter for a hearing on an expedited basis but noting this Court will require the transcript before the hearing. Signed by CHIEF JUDGE MARK E WALKER on 7/19/2021. (vkm) (Entered: 07/19/2021) |
| 07/19/2021 | 24 | ORDER DECLARING DEFENDANT INDIGENT AND APPROVING PAYMENT FOR TRANSCRIPT as to ERIC MATTHEW LIPMAN - The Court reporter is directed to prepare the transcript on or before 7/23/2021. Signed by CHIEF JUDGE MARK E WALKER on 7/19/2021. (vkm) (Entered: 07/19/2021) |
| 07/20/2021 | 25 | NOTICE OF HEARING as to ERIC MATTHEW LIPMAN: Hearing Re: 16 Order of Detention set for 7/26/2021 01:30 PM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. Per Administrative Order, to protect the health and safety of all occupants, all unvaccinated persons who enter any courthouse within the Northern District of Florida are required to practice social distancing measures and to wear face masks or other face coverings that cover the person's nose and mouth while in any public or common area within the facility. Face masks are required for unvaccinated persons in Courtroom 5 West. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGee |
| 07/20/2021 | 26 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Digitally recorded Detention and Initial Arraignment Proceedings as to ERIC MATTHEW LIPMAN held on 7/15/2021, before Judge Martin A. Fitzpatrick. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-422-0011. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.Redaction Request due 7/27/2021. Release of Transcript Restriction set for 10/25/2021. (mah) (Main Document 26 replaced on 7/21/2021 to correct start time) (Entered: 07/20/2021) |
| 07/26/2021 | 27 | Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Detention Review Hearing as to ERIC MATTHEW LIPMAN held on 7/26/2021. Ruling by Court: Magistrate's 16Detention Order is adopted. Order to follow (Court Reporter Megan Hague). (vkm) (Entered: 07/27/2021) |
| 07/27/2021 | 28 | ORDER DENYING 20 MOTION TO REVIEW DETENTION ORDER as to ERIC MATTHEW LIPMAN - For the reasons provided on the record at the hearing, the Magistrate Judge's Order and findings, ECF No. 16 , is hereby adopted by this Court. Signed by CHIEF JUDGE MARK E WALKER on 7/27/2021. (vkm) (Entered: 07/27/2021) |
| 07/27/2021 | 29 | Arrest Warrant Returned Executed on 7/15/2021 in case as to ERIC MATTHEW LIPMAN. PDF sealed due to address. (amm) (Entered: 07/28/2021) |
| 08/05/2021 | 30 | UNOPPOSED MOTION to Continue TRIAL by ERIC MATTHEW LIPMAN. (SMITH, RICHARD) Modified on 8/6/2021 to correct document title (vkm). (Entered: 08/05/2021) |
| 08/05/2021 | 31 | ORDER GRANTING 30 MOTION TO CONTINUE TRIAL as to ERIC MATTHEW LIPMAN - The Clerk shall re-notice the trial for the November 2021 trial docket [Time excluded from 8/23/2021 until 11/21/2021]. Signed by CHIEF JUDGE MARK E WALKER on 8/5/2021. (vkm) (Entered: 08/05/2021) |
| 08/05/2021 | 32 | NOTICE OF RESCHEDULED HEARING as to ERIC MATTHEW LIPMAN: Jury Trial reset for 11/22/2021 08:15 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGee |
| 08/06/2021 | 33 | MOTION to Continue UNOPPOSED MOTION TO RESCHEDULE TRIAL IN RESPONSE TO ORDER GRANTING MOTION TO CONTINUE TRIAL AND MOTION FOR ORDER AMENDING AND EXTENDING WITNESS TRIAL SUBPOENAS by USA as to ERIC MATTHEW LIPMAN. (KEEN, JUSTIN) (Entered: 08/06/2021) |
| 08/06/2021 | 34 | ORDER GRANTING 33 UNOPPOSED MOTION TO CONTINUE TRIAL AND EXTENDING WITNESS TRIAL SUBPOENAS as to ERIC MATTHEW LIPMAN - The Clerk shall re-notice the trial for the week of December 13, 2021 [Time excluded from 11/22/2021 until 12/12/2021]. Signed by CHIEF JUDGE MARK E WALKER on 8/6/2021. (vkm) (Entered: 08/06/2021) |
| 08/06/2021 | 35 | NOTICE OF RESCHEDULED HEARING as to ERIC MATTHEW LIPMAN: Jury Trial reset for 12/13/2021 08:15 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. Per Administrative Order, to protect the health and safety of all occupants, all persons who enter any courthouse within the Northern District of Florida are required to wear face masks or other face coverings that cover the person's nose and mouth while in any public or common area within the facility. Face masks are required in Courtroom 5 West. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGee |
| 09/08/2021 | 36 | MOTION for Release from Custody by ERIC MATTHEW LIPMAN. (SMITH, RICHARD) (Entered: 09/08/2021) |
| 09/08/2021 | 37 | Amended MOTION for Release from Custody by ERIC MATTHEW LIPMAN. (SMITH, RICHARD) (Entered: 09/08/2021) |
| 09/08/2021 | 38 | ORDER FOR EXPEDITED RESPONSE as to ERIC MATTHEW LIPMAN - The original 36 motion is DENIED as moot given the amended motion that has been filed. Government shall file an expedited response to the 37 amended motion on or before 9/10/2021. Signed by CHIEF JUDGE MARK E WALKER on 9/8/2021. (vkm) (Entered: 09/08/2021) |
| 09/10/2021 | 39 | RESPONSE in Opposition by USA as to ERIC MATTHEW LIPMAN re 37 Amended MOTION for Release from Custody (KEEN, JUSTIN) (Entered: 09/10/2021) |
| 09/10/2021 | 40 | ORDER DENYING 37 MOTION FOR COMPASSIONATE RELEASE as to ERIC MATTHEW LIPMAN (1). Signed by CHIEF JUDGE MARK E WALKER on 9/10/2021. (vkm) (Entered: 09/10/2021) |
No comments:
Post a Comment