Indicted state lawmaker wins round in court

Rep. Reggie Fullwood's defense argued state cannot be victim of fraud

State Rep. Reggie Fullwood won a round in federal court, but still faces 14 counts of wire and tax fraud and feels it's an important step in proving his innocence.

Fullwood, from Jacksonville, has maintained his innocence since he was indicted in April. He is accused of transferring about $65,000 from his campaign account to his personal account and using that money at liquor stores, grocery stores, restaurants and on jewelry and flowers. 

Fullwood is also accused of falsifying tax returns and state campaign disclosure forms, which the government argued made the state of Florida a victim in the case. 

 In court Tuesday, his attorney, Bob Willis, argued that the state of Florida cannot be a victim of fraud because it didn't suffer any losses, and Judge Marcia Morales Howard agreed.

That narrows the prosecution's case to the victims being campaign contributors. While the difference between the words defraud and deceive might seem minor, it could make a difference between a crime that could carry 200 years in prison to one facing a maximum of two years.

"We're happy the judge ruled in our favor," Fullwood said after the hearing. "It's just part of the process. We look forward to continuing on and clearing my name."

The prosecutor's core proposition is there are two misdemeanor violations under Florida law that the government converted into federal wire fraud charges.

The defense maintains no wire fraud took place -- which is the crux of the federal government's case. No trial date has been set, but the judge promised it would be over before the election. Fullwood has three opponents in the Aug. 30 Democratic primary for House District 13, and will also have a Republican opponent in November.

"So we are, again, going through the process and I look forward to continuing on and clearing my name," Fullwood said.