Filing # 128236087 E-Filed 06/07/2021 02:50:09 PM

IN THE SUPREME COURT OF

THE FLORIDA BAR, Supreme Court Case No. SC20-160

Complainant, The Florida Bar File No./Lower v. Tribunal No.2020-70,055(11C-MFC)

MARK S. SCOTT,

Respondent. ______/

RESPONDENT'S FIFTH STATUS REPORT AS TO FEDERAL PROCEEDINGS

Pursuant to this Court's March 12, 2020 Order Granting

Respondent's Unopposed Motion for Temporary Stay (requiring that

"Respondent’s Counsel is to advise this Court ninety days from the

date of this order, and every ninety days thereafter, of the status of

the federal proceedings"), Respondent's undersigned counsel hereby

provides this Fifth Status Report to the Court,1 that in regard to the

Federal proceeding of United States of America v. Mark S. Scott, U.S.

District Court for the Southern District of New York (Case No. 1:17-

cr-00630 (ER)), Respondent's Motion for Judgment of Acquittal or, RECEIVED, 06/07/2021 02:50:27 PM, Clerk, Supreme Court

1 The First Status Report was timely filed with the Court on June 9, 2020, the Second Status Report was timely filed with the Court on September 8, 2020, the Third Status Report was timely filed with the Court on December 7, 2020, and the Fourth Status Report was timely filed with the Court on March 8, 2021.

RUSSOMANNO & BORRELLO, P.A. Supreme Court Case No. SC20-160 in the Alternative, a New Trial, has been briefed by the parties and remains pending without a ruling by the Federal Court Judge as of the date this Fifth Status Report is being filed with this Court.

Dated: June 7, 2021 Respectfully submitted,

RUSSOMANNO & BORRELLO, P.A. Attorneys for Mark S. Scott Museum Tower – Penthouse 2800 150 West , Florida 33130 Telephone: (305) 373-2101 Facsimile: (305) 373-2103

By:/s/ Herman J. Russomanno III Herman J. Russomanno III Fla. Bar No. 21249 [email protected]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing was served on June 7,

2021, to counsel of record below via email/through the Court's e- portal system, and it is also being served via email to the

Referee/Honorable Natalie Moore:

Natalie Moore (Referee) County Court Judge North Dade Justice Center 15555 Biscayne Blvd. Miami, Florida 33160 [email protected] jreyes@ jud11.flcourts.org medelstein@ jud11.flcourts.org

-2- RUSSOMANNO & BORRELLO, P.A. Supreme Court Case No. SC20-160

John Derek Womack, Esq. The Florida Bar 444 Avenue Rivergate Plaza, Suite M-100 Miami, Florida 33131 [email protected] [email protected]

Patricia Ann Toro Savitz, Esq. The Florida Bar 651 E Jefferson St Tallahassee, FL 32399 [email protected] [email protected] [email protected]

s/ Herman J. Russomanno III

-3- RUSSOMANNO & BORRELLO, P.A.