United States of America v. Boursiquot et al

Filing 189

Order Adopting Magistrate Judges Report and Recommendations Regarding Sanctions: re 187 Report and Recommendations, 174 Motion for Order to Show Cause, filed by United States of America ; (Motions due by 10/16/2023.); Adopting in Part 187 Report and Recommendations on 187 Report and Recommendations, 174 Motion for Order to Show Cause, filed by United States of America. Having considered Judge Otazo-Reyess report, the record, and the relevant legal authorities, this Co urt adopts in part and declines to adopt in part the report and recommendations. (ECF No. 187.) The United States is awarded the reasonable attorney fees and costs it incurred to investigate Mr. Boursiquots contempt and to prosecute the instant mot ion. By October 16, 2023, the United States must file a motion that sets forth in detail said fees and costs and that is supported by adequate documentation. (Motions due by 10/16/2023.) Signed by Judge Robert N. Scola, Jr on 10/2/2023. See attached document for full details. (pc)

United States District Court
for the
Southern District of Florida
United States of America, Plaintiff,
v.
Jean-Philippe Boursiquot and
others, Defendants.

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Civil Action No. 17-60550-Civ-Scola
)
)
)

Order Adopting Magistrate Judge’s Report and Recommendations
Regarding Sanctions
This matter was referred to United States Magistrate Judge Alicia M.
Otazo-Reyes for a report and recommendations on the Plaintiff, the United
States of America’s (“United States”) motion for an order to show cause why the
Defendant, Jean-Philippe Boursiquot should not be held in contempt for failing
to pay his previous contempt sanction. (ECF No. 174.) On September 14, 2023,
Judge Otazo-Reyes issued a report, recommending that the Court grant the
motion and impose the contempt sanctions described therein. (ECF No. 187.)
No objections have been filed and the time to object has passed. Having
considered Judge Otazo-Reyes’s report, the record, and the relevant legal
authorities, this Court adopts in part and declines to adopt in part the
report and recommendations. (ECF No. 187.)
A district court judge need conduct a de novo review of only “those portions
of the report or specified proposed findings or recommendations to which
objection is made.” 28 U.S.C. § 636. Where no objections are made, a report may
be adopted in full without conducting de novo review provided no plain error
exists. E.g., id.; Menendez v. Naples Cmty. Hosp., Inc., No. 2:20-CV-898-SPCMRM, 2021 WL 5178496, at *1 (M.D. Fla. Nov. 8, 2021) (collecting cases).
Here, while the Court agrees with Judge Otazo-Reyes’s recommendation
that the United States’ contempt motion should be granted, it disagrees with her
recommendation as to specific contempt sanctions that should be imposed.
Specifically, because the instant matter concerns a civil contempt proceeding,
the Court deems it appropriate to impose sanctions more tailored to coercing Mr.
Boursiquot to comply with the Court’s orders and to compensating the United
States for the damages caused by the contempt at issue. See, e.g., In re McLean,
794 F.3d 1313, 1323 (11th Cir. 2015); FTC v. Leshin, 719 F.3d 1227, 1231 (11th
Cir. 2013). Thus, since it is unclear at this time whether Mr. Boursiquot has the

ability to pay the monetary sanctions recommended in Judge Otazo-Reyes’s
report, the Court modifies those recommendations slightly, as set forth below.
Accordingly, the Court grants the United States’ motion for an order to
show cause why the Defendant, Jean-Philippe Boursiquot should not be held
in contempt for failing to pay his previous contempt sanction. (ECF No. 174.)
Consistent with Judge Otazo-Reyes’s report, the Court finds that Mr.
Boursiquot is in contempt of this Court’s orders imposing his 2021 contempt
sanction. (See ECF Nos. 164-165, 172-173.) The Court thus imposes the
following civil sanctions for Mr. Boursiquot’s latest contempt:
a. The United States is awarded the reasonable attorney fees and
costs it incurred to investigate Mr. Boursiquot’s contempt and to
prosecute the instant motion. By October 16, 2023, the United
States must file a motion that sets forth in detail said fees and
costs and that is supported by adequate documentation.
b. Mr. Boursiquot is directed to either (i) make monthly payments of
$1,000 on the first of each month, toward the $14,811.94
contempt sanction and costs incurred by the United States to
prosecute this motion, until the balance, plus interest, is paid in
full or (ii) submit to the Court a financial affidavit, with appropriate
supporting documentation, the sets forth why he is not able to pay
the foregoing amounts. Mr. Boursiquot’s financial affidavit must be
submitted within fourteen (14) days of the United States’
submission to the Court of proof that he has been served with the
instant order.
c. If Mr. Boursiquot fails to comply with both of the foregoing
directions, the United States may request a bench warrant for Mr.
Boursiquot’s arrest and incarceration. The United States’ request
must be supported by evidence that Mr. Boursiquot has not
complied with the Court’s directions despite either (i) having the
financial means to pay the monetary sanction imposed or (ii)
having the ability to submit the financial affidavit described. The
incarceration shall continue until Mr. Boursiquot either (i) pays in
full all amounts that are due at the time of his incarceration and
all monthly payments that are (or become) past due during his
incarceration or (ii) submits the financial affidavit described,
setting forth why he is not able to pay the foregoing amounts.
Finally, the Court directs the United States to serve a copy of this order
on Mr. Boursiquot and to submit a notice of compliance to the Court after the
United States has done so.

Done and ordered in Miami, Florida, on October 2, 2023.
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Robert N. Scola, Jr.
United States District Judge