JACKSONVILLE, Fla. – The attorney for state Rep. Reggie Fullwood, D-Jacksonville, filed a motion Friday, asking a judge to dismiss the federal wire fraud charges against his client.
Fullwood’s defense lawyer challenges the government’s assertion that those who contributed to Fullwood’s re-election campaign were defrauded when Fullwood diverted some of those funds for his own personal use.
The defense argues that while wrongful under state law, the diversion does not threaten the contributors’ property interest, and so they are not victims of fraud.
In Florida’s election code, once funds are given to a candidate, the contributor loses any property interest, and thus any control of those funds.
The defense says Fullwood has complete discretion over the use of the funds. The defense notes the government has changed its position on the allegations against Fullwood several times, and has made the case “a moving target.”
Fullwood faces wire and tax-related charges. No word when the judge will rule on the new motion to dismiss.
Fullwood has five opponents in the Aug. 30 Democratic primary for House District 13, and will also have a Republican opponent in November.