Fla. Court Tosses $22M Judgment In Homebuyer Fraud Scam

Law360 (July 17, 2020, 5:46 PM EDT) -- A Florida man got a $22.8 million restitution judgment against him reversed Friday, successfully arguing that it was imposed because of ineffective counsel after he was convicted of collecting deposits from hundreds of homebuyers but not building any homes.

Though the Fifth District affirmed the trial court's rejection of David Weiker's argument that his trial attorney failed to present witnesses or have the jury instructed about his claim that he had acted in "good faith," it agreed that his trial counsel was ineffective for failing to contest the amount of the restitution order.

The appeals court also found that the trial...

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