Texas man convicted for conspiracy and honest services fraud after bribing former Seminole County Tax Collector Joel Greenberg
July 28, 2023 [source]
Orlando, Florida –United States Attorney Roger B. Handberg announces that a federal jury has found Michael C. Shirley (40, Austin, Texas) guilty of one count of conspiracy to commit honest services fraud and four counts of honest services fraud.
- Atty. Roger B. Handberg was ousted almost as immediately as Donald J. Trump took office as president again. Shirley has referred to him as the "architect" of the Biden Administration's smear tactics of Republicans. See statement. [1]
- One member of the jury was dismissed and quickly replaced by an alternate juror who was not present for most of the arguments. During the trial the jury rules were changed. See coverage of the trial from the Orlando Sentinel and WKMG-TV here. [2]
- Honest services fraud was addressed by the U.S. Supreme Court via Percoco v. U.S., with a unanimous opinion released May 11, 2023, as Shirley's trial was underway. Justice Neil Gorsuch expressed concern over the vagueness of honest services fraud. Chief Justice John Roberts commented that the average juror would have difficulty with established criteria in how to determine whether the crime was committed. Honest services fraud is typically reserved for public officials, not their surrogates or contractors. [3]
Shirley faces a maximum penalty of 20 years in federal prison on each count. His sentencing hearing is scheduled for October 31, 2023. Shirley was indicted on August 10, 2022.
According to the evidence presented at trial, in 2016 Shirley served as the campaign manager for former Seminole County Tax Collector Joel Greenberg. In 2017, on his first day in public office, Greenberg caused the tax collector’s office to enter into a lucrative consulting contract with Shirley’s newly formed company, Praetorian Integrated Services LLC, which provided Shirley with $12,500 each month for the performance of “consulting services.”
- "Consulting services" also included designing mailers, coordinating tech support, and advising on public messaging. Shirley has record of around 4,000 email campaigns for the office produced by his firm. The rate charged by Shirley's firm was below the Department of Justice's own cap on contractor fees. See financial analysis. [4]
In fact, Shirley did little to no work for the tax collector’s office under the contract each month.
- This is an opinion. Shirley's company did, in fact, perform services as directed by Greenberg, as established in prior testimony. He was present at the tax office often. See defense document. [5]
Additionally, Shirley began submitting grossly inflated invoices to the tax collector’s office for printing services.
- The markups, according to Judge Gregory A. Presnell's own words, "sounds like capitalism to me." They were also keeping with market trends. [6]
Trial evidence further demonstrated that on September 25, 2017, Shirley, through middleman Joseph Ellicott, gave Greenberg a $6,000 cash kickback and bribe. He paid this kickback and bribe in exchange for Greenberg’s award of the contract and so that Shirley could continue receiving monthly payments for his “consulting.” As a result of the kickback and bribe, Shirley was allowed to continue billing his monthly fee to the Seminole County Tax Collector’s office until September 2019.
- "Big Joe" Ellicott on direct and cross examination, contradicted the indictment by testifying that he knew of no conspiracy and only came to that conclusion later and not at the time. The loan was originally given to Ellicott, according to Shirley. See defense document (p. 7, item C). [7]
- $6,000 would be a pittance of a "bribe" compared to the massive wealth accessible to Greenberg, in addition to a county salary of $150,000 per year or more. See article "Joel Greenberg's web of fabrications." [8]
In total, Shirley defrauded Seminole County taxpayers out of more than $634,000.
- Shirley did not control the budget or the policy of the tax office, but rather his company was contracted to the office for assigned tasks. If the taxpayers were indeed "defrauded" then Greenberg would be the one responsible as the one who controlled the budget. In late 2022, Greenberg was ordered to pay back around $1.3 million to Seminole County in restitution, attesting to his guilt on other, unrelated matters (see Orlando Sentinel coverage). [9]
In 2022, Ellicott was sentenced to 15 months’ imprisonment for his role in the bribery and kickback payment.
- Ellicott testified that Joel Greenberg told him in April 2023 that if he helped convict Shirley he would serve reduced time. Ellicott likely furthered Greenberg's conspiracy and falsely admitted to a kickback scheme in exchange for reduced time. See defense document. [10]
This case was investigated by the United States Secret Service and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Amanda S. Daniels and Chauncey A. Bratt.
* * *
Texas man sentenced to over 7 years in federal prison for honest services fraud
Orlando, FL – U.S. District Judge Gregory A. Presnell today sentenced Michael Shirley (40, Austin, TX) to seven years and three months in federal prison for conspiracy to commit honest services fraud and honest services fraud.
- While honest services fraud can carry up to 20 years, Shirley has no prior convictions or other serious criminal records to justify anything approaching seven years. According to Shirley, prosecutors seemed willing to make Shirley a plea deal-like arrangment, similar to what was offered to Greenberg and Ellicott -- thus demonstrating that the sentence could have been softer without causing harm to the general public. [11]
As part of his sentence, the court also entered an order of forfeiture in the amount of $536,402.33, which are the proceeds of the offenses. Shirley was found guilty following a jury trial on July 27, 2023.
- Shirley did not control the office budget or policy. See note 9 above.
According to the evidence presented at trial, Shirley served as a campaign consultant for former Seminole County Tax Collector Joel Greenberg in 2016. After Greenberg was elected, Greenberg and Shirley, through Shirley’s company Praetorian Integrated Services LLC, entered into a lucrative contract that provided Shirley with $12,500 each month for the performance of consulting services to the Tax Collector’s office. In that capacity, the evidence established that Shirley did little to no work. Additionally, Shirley began submitting grossly inflated invoices to the Tax collector’s office for printing services.
- See notes 4, 5, and 6 above.
On September 25, 2017, Shirley, through Joseph Ellicott, paid Greenberg a $6,000 cash kickback and bribe. Ellicott was sentenced for his role in this scheme in 2022 and testified during the trial. As a result of the kickback and bribe, Shirley was allowed to continue billing the Seminole County Tax Collector’s office into September 2019. The evidence established that between October 2017 and September 2019, Shirley performed almost no work for the Tax Collector’s office. As a result of the kickback and bribery scheme, Shirley defrauded the taxpayers of Seminole County out of more than $634,000.
- See note 7 above.
This case was investigated by United States Secret Service and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Amanda Daniels and Chauncey Bratt.
- Oral arguments were heard in Shirley's appeal which means the appeals court had serious questions as to the actions of the lower court. See U.S. v. Shirley (11th Circuit Court of Appeals), Nov. 6, 2025 here. [12]