United States District Court, D. Nevada
NICHOLAS A. TRUTANICH UNITED STATES ATTORNEY
D. HOLLINGSWORTH ASSISTANT UNITED STATES ATTORNEY
GOVERNMENT'S UNOPPOSED MOTION TO EXTEND TIME TO
FILE ITS MOTIONS REGARDING HONEYCUTT AND THE EIGHTH AMENDMENT
AS APPLIED TO THE DEFENDANTS OR TO SETTLE UNDER ECF NO.
HONORABLE JAMES C. MAHAN UNITED STATES DISTRICT COURT JUDGE
Motion to Extend Time is the second request. LR IA 6-1.
United States of America respectfully moves this Court for an
Order extending the time for the government to file its
Motions Regarding Honeycutt and the Eighth Amendment
as Applied to the Defendants or to settle under ECF No. 691.
The reason is the continual need to research the records,
which are so large that the government has not and will not
be through them all before the deadline. No. specific date
was provided, but the goal was the end of August 2018, which
was then extended to February 2019.
United States Attorney's Office for the District of
Nevada (USAO) requested money months ago from the United
States Department of Justice (DOJ) to retain an independent
contractor of forensic accounts, etc., specifically for this
case, to review and to organize the records relating to the
three defendants and the Honeycutt issue. The
contractor would provide the personnel to perform the
necessary searches efficiently, effectively, and timely. DOJ
has neither approved nor disapproved the request. Numerous
government appropriation issues and budget issues have
arisen. On February 15, 2019, Congress passed, and the
President signed, a budget.
excel spreadsheets used to summarize the bank records in the
case in chief do not address the Honeycutt issue.
The FBI has a contract individual tracing the money through
approximately 85 bank accounts with multitudes of bank
records to address the Honeycutt issue because the
Las Vegas Field Office has lost numerous personnel to
retirement and transfers. New agents arrive regularly to the
office and must have experienced agents mentoring and
shepherding the new agents.
of the lack of resources at this USAO and management's
concerns regarding undersigned's health, they will not
permit the undersigned to continue to perform duties on other
work during the day and work late into the evenings and on
Saturdays to review and to organize the records relating to
the three defendants regarding the Honeycutt issue.
That is one of the reasons for requesting an independent
contractor. Since that has not been approved yet, the
government has been unable to provide an individual to look
through the bank records regarding the Honeycutt
issue. The government did have an individual who was going
through the bank records, however he left this office but he
outlined all the work he has done and what needs to be done
by the person who will replace him. The completion of going
through the records has a very long way to go. With the
budget authorized, the independent contractor may now be
enforcement prepared this case differently before
Honeycutt based on United States v. Newman,
659 F.3d 1235 (9th Cir. 2011). The government only had to
show the defendants participated in a conspiracy and were
responsible for the entire amount of the forfeiture.
Honeycutt abrogated that one sentence in
Newman: “Moreover, because Tedesco entered
into a conspiracy, the ‘proceeds' of his crime
equal the total amount of the loans obtained by the
conspiracy as a whole.” Id. at 1244. This
legal change is one of the major reasons this process is so
slow and tedious. The government is trying to find the
correct documents and records that address the
Honeycutt issue for the defendant.
February 15, 2019, the government contacted Angela Dows,
Gabriel Grasso, and Sunethra Muralidhara via phone call to
determine whether they would agree or oppose this extension
Dows, counsel for Melissa R. Beecroft, agreed to the
extension of time on February 15, 2019.
Muralidhara, counsel for Steven W. Grimm, agreed to the
extension of time on February 19, 2019.
Grasso, counsel for Eve Mazzarella, agreed to the extension
of time on or about February 21, 2019.
of the foregoing reasons, the government requests another six
months to continue to review and organize records, hoping the
funding will be approved to retain an independent contractor,