Defense lawyers and prosecutors jointly asked a Miami federal judge Tuesday to delay the fraud trial against Florida Congresswoman Sheila Cherfilus-McCormick and three co-defendants until early February 2027, citing voluminous discovery that has yet to be reviewed, according to a motion filed with the court.

The congresswoman, who represents large portions of Broward and Palm Beach counties, had been scheduled to stand trial during the two-week period starting next Monday. Last November, a federal grand jury in Miami handed up an indictment accusing her and three others of stealing $5 million in federal disaster funds, laundering the money, and using it to support her 2021 congressional campaign.

Cherfilus-McCormick, 46, has strongly denied the charges and vowed to remain in Congress while she defends herself.

The motion for a trial delay was filed by Srilekha Jayanthi, an assistant federal public defender from the Office of the Federal Public Defender, which is representing the congresswoman’s brother, Edwin Cherfilus, 51, in the case.

Jayanthi wrote that Alejandra Lopez and John Taddei, both assistant U.S. attorneys, “have advised that the Government joins in this motion.” Other lawyers joining the request on behalf of their clients include the congresswoman’s attorney, William Barzee, as well as Marcos Beaton, Jr., who represents co-defendant Nadege LeBlanc, and Manuel Casabielle, who represents another co-defendant, David K. Spencer.

“Now that all parties are represented by permanent counsel, and that counsel have had a chance to confer, the parties hereby jointly request that the Court set trial in this matter in early February of 2027,” said the lawyers’ motion for a trial delay.

The lawyers’ request presumably will be undertaken Wednesday morning during a previously scheduled calendar call with U.S. District Judge Darrin P. Gayles, who is assigned to preside over the case,

The motion makes no mention of the separate ethics proceeding against the congresswoman by the House Ethics Committee. In late March, an adjudicatory subcommittee found that the Democrat committed 25 ethics violations, including breaking campaign finance laws. It found the improper activities, detailed in a report from an investigatory subcommittee, “had been proven by clear and convincing evidence.”

The panel has scheduled a public hearing for later this month to determine if the congresswoman should be punished for ethics violations. If the answer is yes, the committee would move to decide what type of sanction it should recommend to the full House of Representatives. The recommendation could include expulsion from Congress.

Motion silent on House ethics case

The lawyers’ request for a delay of the criminal trial in Miami makes no mention of the ethics case in Washington.

The motion instead focused on the large volumes of discovery material to be examined ahead of the trial. Moreover, the government has indicated it has more material to introduce later this year, the motion says.

“The first discovery production in this case consisted of 1,203,477 records, including written reports, bank and other financial documents, and recordings and communications,” the motion says. “The material covers information going back years.”

“Further, the Government has advised that a second discovery production is forthcoming in either late May or early June, and that a third production is expected in the months thereafter,” the motion adds. “The defense understands that the third production will primarily be comprised of materials turned over by an external filter team, and that there is thus some uncertainty at this point as to when these materials will be ready for the Government to produce and the defense to review.”

It did not elaborate on what is contained in the growing mass of discovery.

From January 2026 to next year

The run-up to trial, which was originally scheduled to start during the two-week period starting Jan. 26, became protracted for a number of reasons.

Initially, the congresswoman’s arraignment was delayed as she sought to make arrangements to permanently retain the Miami criminal defense firm of Markus/Moss, which had been representing her since the federal investigation into the funds in question started in 2024.

After Markus/Moss withdrew, citing other obligations, Cherfilus-McCormick retained the firm of Barzee Flores, also of Miami. Partner William Barzee, appearing in court in early March for the congresswoman’s arraignment in absentia, entered a not guilty plea on the congresswoman’s behalf.

Judge Gayles then set the criminal trial to start for the two-week period beginning April 20.

After Cherfilus-McCormick’s arraignment in Miami, Barzee appeared with the congresswoman before the House Ethics Committee proceedings in Washington, where he suggested the criminal trial would likely start well after the House decided his client’s future as a lawmaker in Congress.

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