Joel Greenberg filed a motion to seal his request to set his sentencing. The last time the court addressed his sentencing in May the court ordered the Government to file another status report by July 13, 2022, and gave leave to file it under seal. The court also indicated that “absent compelling circumstances, it is the Court’s intention to set sentencing to be held in August 2022.” [Dkt. 141].
So, today Greenberg files a motion seeking leave to seal a motion to set his sentencing, not continue it. So in the context of the case, had he done nothing and the status report was filed by July 13, 2022, based on the court’s May order it is likely that sentencing would be in August. Rather than allow that to ride Greenberg files a motion to seal his motion to set the sentencing that I take to mean he’s not comfortable with the August sentencing or wants to grab the headlines. But it appears to recognize that his time has come to face sentencing.
In his motion to seal he teases the court with tidbits to support his claim to be cooperating in several matters in MDFL, DOJ DC and “other jurisdictions.”
Mr. Greenberg has been cooperating with federal prosecutors in active investigations currently being conducted by the United States Attorney’s Office in the Middle District of Florida and the Department of Justice in Washington D.C, as well as in other jurisdictions. The unopposed motion to set the date of the sentencing hearing provides confidential information concerning these investigations, as well as information regarding the nature and extent of Mr. Greenberg’s ongoing cooperation.
Here’s the link to Greenberg’s motion to seal.
Then Greenberg sets the hook:
As previously noted, Mr. Greenberg’s forthcoming motion to set a sentencing date contains sensitive information pertaining to confidential and protected information concerning ongoing
investigations and prosecutions. If this Court sets a hearing on the motion, the proceeding will convey specific information to the Court concerning Mr. Greenberg’s cooperation against multiple individuals.
Because these interests outweigh the public’s interest, good cause exists for the sealing of Mr. Greenberg’s request to set a sentencing date.
Wasting no time to see what Greenberg actually has been doing, the court issued a minute order granting leave to file the motion to set sentencing date under seal but ordering the motion be submitted by tomorrow at noon.
ENDORSED ORDER granting 142 Motion to Seal as to Joel Micah Greenberg (1). Defendant shall file the Motion to Set Date of Sentencing Hearing under seal by July 6, 2022, at 12:00pm. The Clerk is directed to accept for filing UNDER SEAL the Motion to Set Date of Sentencing Hearing. Signed by Judge Gregory A. Presnell on 7/5/2022. (AMP) (Entered: 07/05/2022)
The idea that the court would have to hold a hearing on setting a sentencing hearing date in camera with no public attendance because Greenberg wants to disclose the matters he’s assisting with is a bit over the top. The US Attorney did not object to the motion to seal but did not yet take a position on the sentencing hearing. Greenberg notes that he’s facing minimums of 12 years and the time only goes up from there unless he received a Presidential commutation. Greenberg is making it clear to the people who he has evidence against that he gave them up while at the same time seemingly trying to garner favors.
One final thing that may be worth noting. Greenberg refers to “prosecutions,” plural. I know of one prosecution recently disclosed but not more than one. Is it possible he has been informed of an indictment that has been filed but not yet unsealed so Rule 6(e) would not apply and he’s rushing to take some of the credit for it?
TimInHonolulu 