Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Grimm

United States District Court, D. Nevada

April 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
STEVEN W. GRIMM, EVE E. MAZZARELLA, MELISSA R. BEECROFT, Defendants.

          NICHOLAS A. TRUTANICH UNITED STATES ATTORNEY

          DANIEL 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. 691

          HONORABLE JAMES C. MAHAN UNITED STATES DISTRICT COURT JUDGE

         This Motion to Extend Time is the second request. LR IA 6-1.

         The 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.

         The 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.

         The 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.

         Because 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 approved.

         Law 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.

         On 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 of time.

         Angela Dows, counsel for Melissa R. Beecroft, agreed to the extension of time on February 15, 2019.

         Sunethra Muralidhara, counsel for Steven W. Grimm, agreed to the extension of time on February 19, 2019.

         Gabriel Grasso, counsel for Eve Mazzarella, agreed to the extension of time on or about February 21, 2019.

         Because 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, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.