The federal judge overseeing the U.S. Government’s theft case against Rep. Sheila Cherfilus-McCormick has moved the trial to April after three co-defendants requested a delay.
U.S. District Judge Darrin Gayles of Miami canceled a scheduling conference set for Wednesday after reviewing a motion filed by the congresswoman’s brother, Edwin Cherfilus, and joined by two other co-defendants. The judge had originally set a trial date for the two-week period starting on Monday. The start date is now April 20.
“The interests of justice served by a continuance outweigh the interests of the public and the Defendant to a speedy trial,” the judge wrote in his order.
The congresswoman is accused of stealing a government overpayment of $5 million to Trinity Health Care Services, a family-operated home health care firm. She has publicly denied the charges. But she has not entered a plea in court because she has yet to formally retain a permanent legal team.
Cherfilus-McCormick has been working to secure the prominent Miami law firm of Markus / Moss PLLC to represent her at trial, a process so protracted that it has delayed her arraignment since November.
That issue, along with a heavy volume of discovery being produced by the government, led to the request for a trial delay from the Federal Public Defender’s office, which represents her brother, Edwin Cherfilus, co-defendant in the case.
“The discovery that has been produced so far in this matter consists of 1,203,477 records, which undersigned understands to include written records as well as recordings,” Srilekha Jayanthi, the assistant federal public defender assigned to represent Cherfilus, wrote in her motion for a 90-day delay.
“Due to the volume of this discovery, undersigned has had to set up special software in order to facilitate the storage and review of this material at her offices,” Jayanthi wrote. “Due to absences over the holidays and delays relating to this set-up, undersigned has not yet had a meaningful opportunity to review the discovery material, or to begin her independent investigation of the facts and evaluate possible motions and defenses.”
She said defense attorneys Marcus Beaton and Manuel Casabielle, who represent co-defendants Nadege LeBlanc and David Spencer respectively, agreed to join the motion.
She added that Assistant U.S. Attorney Alejandra Lopez, the lead prosecutor, “has advised that the Government does not oppose” the requested trial delay.
Cherfilus-McCormick, a 46-year-old Democrat who represents Florida District 20, was indicted on multiple counts of alleged theft, money laundering and tax offenses last November.
On Tuesday, U.S. Magistrate Enjolique Lett granted a third extension of time, until Feb. 3, so the congresswoman will have more time to work out arrangements with the Markus / Moss firm.
During a brief hearing at the C. Clyde Atkins U.S. Courthouse, attorney David O. Markus, citing financial and other complications as reasons for the delay, sought to assure the judge that “something can be worked out.”
Asked via email Wednesday as to whether any progress had been made, he replied: “We are trying to work it out.”
From search warrant to indictment
Markus and law firm partner Anita Margot Moss first represented Cherfilus-McCormick in the early investigative stages of the government’s case in late July 2024, when prosecutors filed an application for a search warrant, according to court files.
The records show a progression of sealed filings and closed hearings before judges in Fort Lauderdale.
The indictment against the congresswoman was ultimately handed up in November 2025, and court records show that temporarily the congresswoman has had the services of four lawyers from the firm: Markus, Moss, Laurel Krasnoff and Melissa Madrigal.
Cherfilus-McCormick has had considerable competition for the firm’s time.
Markus / Moss also has been representing Ghislaine Maxwell, convicted for her role in the late Jeffrey Epstein’s sex-trafficking activities.