A. Marie Delapena

Victims, Misappropriated Trust Funds, and Unpaid Losses

This site is about the clients whose home sale proceeds were placed in Delapena's trust account and then depleted, delayed, or not returned. The Florida Bar audit lists three client deposits totaling $324,226.71 and concludes that Delapena misappropriated client funds for her own benefit. That total is a calculated audit-based total, not a confirmed unreimbursed-loss total. One client was eventually paid, but only after Delapena used money from an unrelated source. Others were left to pursue recovery through new counsel, court intervention, and agency complaints.

Calculated total across the three audited trust deposits: $324,226.71. This amount shows the scale of client money that entered the trust account, was depleted, and was found misappropriated by the Bar auditor. It should not be read as the amount still unpaid today.

Florida Bar Audit: A Pattern of Trust Account Theft

On January 29, 2026, a sworn affidavit was filed in the Florida Bar disciplinary proceeding by Matthew D. Herdeker, a licensed CPA and Certified Fraud Examiner retained by the Bar to audit Delapena's trust and operating accounts at TD Bank. The audit covered May 2023 through August 2025 and revealed a systematic pattern of misappropriation across at least three separate client matters.

The Pattern: Deposit, Drain, Deceive

In each case, the auditor documented the same scheme: client funds were deposited into Delapena's trust account, then rapidly drained through transfers to her operating accounts and spent on personal and business expenses — including PayPal, American Express, Apple Cash, payroll, IRS payments, and loans from Bluevine Capital and OnDeck Capital. By the time clients or courts demanded their money back, the trust account was nearly empty.

Client 1: Home Sale Proceeds Depleted in Two Months

In May 2023, $113,637.24 from a client's home sale was wired into Delapena's trust account. Within two months, the balance had been drained to $33.74 through transfers to her operating accounts. The funds were spent on personal expenses. The client was later paid — but only after Delapena received an unrelated $155,000 wire from a different client and used those funds to cover her theft.

Client 2: Trust Funds Stolen, Civil Contempt, Scrambled Repayment

In December 2023, $112,251.11 was wired into the trust account for another client. Within six weeks, the balance was down to $124.85. In October 2024, Delapena falsely represented to the court that she was holding $92,251.11 in trust for this client. The actual balance at that time was $29.85.

When a court ordered Delapena to disburse the funds in May 2025, the trust account held just $26.21. She was found in civil contempt of court, and the judge threatened a writ of bodily attachment (arrest). Delapena then scrambled to assemble funds from multiple sources: $20,000 wired from her husband Sean Moskowitz, $14,000 wired from her former husband Robert Allen Miller, a $12,700 cashier's check described as a "loan," and $10,000 from another individual. Even after this scramble, the client was not made whole.

Client 3: Fabricated Bank Statement

In November 2024, $98,338.36 was deposited into the trust account for a third client. By January 2025, the balance was $26.21. Only $8,861 was ever disbursed for the client's benefit.

When this client requested proof that their funds were safe, Delapena provided a fabricated bank statement made to look like an authentic TD Bank record purporting to show a balance of $137,358.50. The auditor compared this to the actual TD Bank records and confirmed the real balance was $26.21. The statement provided to the client was not a genuine bank document.

False Certifications to the Florida Bar

Florida attorneys are required to certify compliance with trust account rules. Delapena filed certifications in June 2023, May 2024, and June 2025 — each time representing that her trust account was in compliance. The auditor's findings demonstrate these certifications were false during each of those periods.

Auditor's Conclusion

Based on the forensic review of bank records and case files, the auditor concluded that A. Marie Delapena misappropriated client trust funds for her own personal benefit.

When subpoenaed, Delapena refused to provide bank statements to the Florida Bar.

Criminal Case and Florida Bar Status

Amaris Marie Delapena — also known as Amaris Marie Delapena Moskowitz, Amaris Miller, and A. Marie Delapena — is a Clermont, Florida resident who operated the Delapena Law Firm, P.A.. Her Florida Bar number is 1017765.

Before becoming a licensed attorney, Delapena worked as a paralegal at a Central Florida law firm. During that time, she embezzled $194,060.09 by re-routing checks intended for clients and vendors into accounts she controlled. That earlier conduct is the basis for the federal prison sentence she is currently serving.

On November 25, 2024, a federal jury in Orlando found her guilty of 15 counts of wire fraud (18 U.S.C. § 1343) and 22 counts of bank fraud (18 U.S.C. § 1344). On January 31, 2025, Judge Paul G. Byron granted Delapena's motion for a new trial after the government failed to properly include PayPal records in evidence. On June 20, 2025, a second jury convicted her again on all 37 counts. The federal case number is 6:23-cr-190-PGB-RMN (Middle District of Florida). On February 2, 2026, U.S. District Judge Paul G. Byron sentenced Delapena to four years and six months in federal prison. The court also entered a forfeiture order in the amount of $194,060.09. Delapena has filed an appeal with the Eleventh Circuit (Case No. 26-10255). The Federal Bureau of Prisons inmate locator lists her as Amaris Marie Delapena, Register No. 80035-510, located at FCI Marianna, with a release date of May 10, 2030.

The Florida Supreme Court suspended Delapena effective August 2025. On January 29, 2026, the Florida Bar filed a separate emergency suspension proceeding against Delapena in the Florida Supreme Court (Case No. SC2026-0156), supported by the forensic auditor's sworn affidavit. On February 10, 2026, the Florida Supreme Court granted the emergency suspension.

On March 5, 2026, Delapena filed a Petition for Disciplinary Revocation Without Leave to Apply for Readmission. The petition listed 15 additional Florida Bar complaint files involving allegations including misappropriation of client funds, neglect of client matters, practicing law while suspended, failure to notify clients of her suspension, failure to disclose felony charges during representation, failure to provide promised fee refunds, and failure to appear for court.

On May 7, 2026, the Florida Supreme Court granted the uncontested petition without leave to seek readmission. The Court stated that disciplinary revocation is tantamount to disbarment and that Delapena's revocation is permanent.

One Former Client's Experience

I am a former client of A. Marie Delapena. I hired her to represent me in my case in Orange County, Florida. I am sharing my experience anonymously to warn others and protect families from similar harm.

Funds Placed in Her Trust Account

As part of my case, home sale proceeds were deposited into Ms. Delapena's IOLTA trust account in November 2024 pursuant to a court-approved agreement. Ms. Delapena never disclosed to her clients that she was facing federal criminal charges at the time these funds were entrusted to her.

She Confirmed the Funds Were There — Then Refused to Return Them

In April 2025, Delapena personally confirmed in writing that $86,606 remained in her trust account from my case. Her own law firm invoice showed the same balance. She provided what appeared to be a bank statement showing the funds were there. According to the Florida Bar auditor's findings, the statement was made to look like an authentic TD Bank record but did not match the actual balance, which was $26.21.

Despite this, she never returned the money.

Months of Excuses

After I was forced to hire a new attorney, my successor counsel spent months requesting the return of trust funds. Delapena and her office repeatedly promised to send the funds but never did.

When I contacted Delapena directly, she offered a revolving series of excuses:

"We mailed it to [opposing counsel] last month." — Opposing counsel confirmed no check was ever received.

"My bank needs him to complete an affidavit... it was a certified check so they have to investigate."

"They can not issue before 11-25." — November 25 came and went. No funds.

"I have not forgotten about you." — This was her last message before going silent.

A Court Ordered Her to Return the Money — She Didn't

In December 2025, a judge signed an order directing Delapena to disburse the trust funds within 10 days. The court specifically found that the proceeds remained in her trust account.

The deadline expired. She returned $0.00.

Additional Public-Record Context

Delapena's husband, Sean David Moskowitz, served as the "Office Manager" of Delapena Law Firm and communicated with clients and successor counsel during the period when trust funds were being withheld. According to the forensic audit, when Delapena was found in civil contempt for failing to return a client's funds, Moskowitz wired $20,000 as part of the repayment effort. To date, Sean David Moskowitz has not been charged in connection with these matters.

Sean David Moskowitz is listed as a registered sexual offender in the Florida Department of Law Enforcement Sexual Offender Registry. According to the registry, the offense was Sexual Assault, 3rd Degree, in Milwaukee, Wisconsin, in 1999, involving a female minor.