U.S. Marshals move to seize Miami Commissioner Joe Carollo’s house to cover $63M verdict

U.S. Marshals have started the process of seizing Miami Commissioner Joe Carollo’s home and property, as part of an effort by two Little Havana businessmen to collect on a $63 million verdict a jury awarded them in federal civil court last year.

In their lawsuit, the men, William “Bill” Fuller and Martin Pinilla, accused Carollo of weaponizing city resources to carry out a personal vendetta against them. Following the jury verdict, a federal judge issued an order in January, greenlighting the seizure of Carollo’s properties and other assets belonging to the commissioner.

An official with the Marshals made the first move to carry out the judge’s order Friday afternoon, when he placed a notice on the door of Carollo’s Coconut Grove house along with a copy of the final judgment and writ of execution.

The federal official did not enter the house and left within minutes of arriving. Carollo has repeatedly denied the allegations in the lawsuit and told the Miami Herald he is being “politically persecuted.” He is expected to challenge the seizure of his property in court.

Reached on his cellphone Friday, Carollo said that he lives in the house, arguing that makes its seizure illegal under the Florida Constitution.

“They cannot take someone’s home when it’s their homestead,” Carollo said. “This is my homestead.”

Later in the day, Carollo stepped outside the home and told reporters that he is the victim of a flawed legal process and that his rights are being ignored.

Wearing a city of Miami baseball cap, he said that under the state constitution, the Morris Lane home is his homestead and should be protected from seizure.

“In America, even for Joe Carollo, there’s due process,” he said. “I’m not getting due process.”

READ MORE: Can you lose your home when you lose a court case? Why Miami’s Joe Carollo faces seizure

Carollo said he has been “an honest public servant.” Asked where he would go if he lost his home, he made a joking reference to accusations against former Commissioner Alex Díaz de la Portilla, who is charged with accepting improper gifts that include stays at a Brickell hotel.

“Where am I going to go? I’m certainly not gonna go to the East Hotel,” Carollo said.

Carollo’s attorneys said if he does not prevail in court, the property would go up for auction, possibly within the next 90 days.

The Miami-Dade Property Appraiser does not list an official homestead exemption on Carollo’s property, which would reduce his property taxes. And for much of the last seven years, the commissioner has not lived in the house.

Carollo moved from his $2 million home in the Grove to an apartment in West Brickell in 2016 in preparation for his run for Miami’s District 3 commission seat. At the time, his house was in District 2.

During the city’s redistricting process in 2022, Carollo’s house was drawn into District 3, allowing him to move back in as Pinilla and Fuller were ramping up civil court proceedings against him. But those new boundaries were later thrown out by a judge, who ruled the city’s redistricting process was marred by “racial gerrymandering.” The city appealed, and the case is ongoing.

Whether Carollo’s house will still be in his district after the city draws yet another new map remains to be seen. His term ends in 2025.

Attorney Marc Sarnoff, a former commissioner who is representing Carollo, said that even the intention to live in the home protects it from seizure under the Florida Constitution.

Sarnoff also said the court should offer his client “a modicum of due process.” The defense, he said, has not been able to appeal the $63 million verdict, because the judge has yet to rule on more than a dozen of Carollo’s motions.

Other than the house, Carollo has few possessions of any real value. His latest financial disclosure shows his remaining assets are worth about $40,000 combined. His only source of income is his city compensation.

Lawyer Jeff Gutchess, who represents Fuller, said Carollo’s argument against taking the property is “not going to hold up under scrutiny.” While Fuller and his team are preparing for more legal battles ahead, Gutchess said Friday’s action by the Marshals was “definitely a step in the right direction.”

Reporters flocked to Carollo’s property Friday around lunchtime as rumors spread that a federal official was going to post a notice of seizure. To Gutchess, that level of public interest “tells you how significant it is in the city of Miami for justice to be served.”

“We’re gonna win in the long run,” Gutchess said. “We’re gonna get that house, get it sold and take that money.”