Motion for Discovery
COMES NOW the Defendant, by and through his undersigned counsel, pursuant to Rules 7(f) and 16, Federal Rules of Criminal Procedure, and respectfully moves the Court to order the United States to provide any and all of the financial records of and/or related to L. A., as detailed further below, and in support thereof, states as follows:
1. On October 17, the original indictment in this case was returned. It was a four count indictment, which is identical to the superceding indictment that was filed on April 17 – with the exception of the named defendants. The charges were and are identical.
2. The Client is charged in Counts 2, 3 and 4 of the Superceding Indictment which, as noted, are identical to Counts 2, 3 and 4 of the original indictment. Specifically, Count 2 (the alleged money laundering conspiracy) and the sister substantive counts 2, 3 and 4, all allege investments in a “Gentlemen’s Club,” in the amounts of $52,000, $6,000, and $46,000, respectively, in October and/or November.
3. The Superceding Indictment of April 17, was returned approximately three months after L. A. entered into a plea agreement on January 18.
4. In their money laundering prosecution, it is the government’s theory that the funds recited in Counts 2, 3 and 4 represent the “proceeds of … felonious buying, selling and otherwise dealing in a controlled substance” – by L. A. Count Two at p. 3, ¶A.2, and Counts Three, Four and Five.
5. However, on information and belief, Mr. A. had a number of lawful investments and assets, separate and apart from his alleged drug proceeds, that were available to him for investments, such as his investment in the Night Club (“Club”), as alleged in Count Two.
6. In order to properly and fairly meet the government’s allegations, it is essential the defense have access to the full and complete financial status of Mr. A., during the relevant time period.
7. The defense ought not to be relegated to receiving only the unsubstantiated testimony of L. A., whose fate at sentencing lies, to a large degree, on the recommendations of the government. Rather, the defense should have the financial records and information necessary to either (1) establish the existence of the revenue, vel non, from the alleged drug conspiracy and/or (2) establish the availability of lawful sources of funds for investment in the Club.
8. Hence, this motion seeks production of the financial records of and/or related to L. A., as detailed in the attached Schedule “A,” attached hereto as Exhibit A.
9. Since Mr. A. is in custody, and that custodial status was a product of the motion of the government, and due to the fact Mr. A. is required to cooperate with the government, “including production of any and all books, papers, documents, and other objects in defendant’s possession or control,” it is requested that the Court order the government to produce said business and financial records, particularly since, due to his custodial status, the filing of any motion for issuance of a subpoena, pursuant to Rule 17(c), Fed.R.Crim.P., for any such records, will likely be futile.
WHEREFORE, it is respectfully requested that this motion be granted, and the government be required to produce the discovery requested.