Motion to Seal by USA as to Craig David Davis — USA v. Davis (Dkt. 5, E.D. Va.)

Record facts

U.S. District Court for the Eastern District of Virginia · No. 1:24-cr-00040-PTG · Doc. 5 · 2024-02-15 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
HLr.'i)
IN OPfN COURT
FEB I 5 cv'
CLERK U.S. DISTRICT COURT
AL&WNDRIA. VIRGINIA
UNITED STATES OF AMERICA,
V.
CRAIG DAVID DAVIS,
Defendant.
UNDER SEAL
Case No. I:24-cr-40
GOVERNMENT'S MOTION TO SEAL INDICTMENT PURSUANT TO LOCAL RULE
49(B)
The United States, by and through undersigned counsel, pursuant to Local Rule 49(B) of
the Local Criminal Rules for the United States District Court for the Eastern District of Virginia,
asks for an Order to Seal the indictment, until the defendant is arrested.
1. 
REASONS FOR SEALING (Local Rule 49(B)(1))
1. 
The United States Department of the Treasury's Office of the Special Inspector
General and the Internal Revenue Service (IRS) are investigating a loan fraud scheme where
Craig Davis (Davis) fraudulently applied for and received multiple pandemic-relief loans that he
he was not entitled to receive.
2. 
Premature disclosure of the charges against the defendant would jeopardize an
ongoing criminal investigation threatening our ability to locate and arrest the defendant and may
lead to the destruction of evidence. Disclosure of the indictment would provide the defendant
and others with a roadmap of the ongoing criminal investigation, including the identity of agents
and potential witnesses involved.
Case 1:24-cr-00040-PTG     Document 5     Filed 02/15/24     Page 1 of 3 PageID# 26

II. 
REFERENCES TO GOVERNING CASE LAW 
(Local Rule 49(B)(2))
3. 
The Court has the inherent power to seal indictments. See United States v.
Wuagnewc, 683 F.2d 1343, 1351 (11th Cir. 1982); State of Arizona v. Maypenny, 672 F.2d 761,
765 (9th Cir. 1982); Times Mirror Company v. United States, 873 F.2d 1210 (9th Cir. 1989); see
also Shea v. Gabriel, 520 F.2d 879 (1st Cir. 1975); United States v. Hubbard, 650 F.2d 293
(D.C. Cir. 1980); In re Braughton, 520 F.2d 765, 766 (9th Cir. 1975). "The trial court has
supervisory power over its own records and may, in its discretion, seal documents if the public's
right of access is outweighed by competing interests." In re Knight Pub. Co., 743 F.2d 231, 235
(4th Cir. 1984). Sealing the indictment is appropriate where there is a substantial probability
that the release of the sealed documents would compromise the government's on-going
investigation severely. See e.g.. In re Search Warrant for Secretarial Area Outside Office of
Gunn, 855 F.2d 569, 574 (8th Cir. 1988); Matter of Eye Care Physicians of America, 100 F.3d
514, 518 (7th Cir. 1996); Matter of Flower Aviation of Kansas, Inc., 789 F.Supp. 366 (D. Kan.
1992).
III. 
PERIOD OF TIME GOVERNMENT SEEKS TO HAVE MATTER REMAIN
UNDER SEAL (Local Rule 49(B)(3))
4. 
The indictment would need to remain sealed until the defendant is arrested.
5. 
Upon the defendant's arrest, pursuant to Local Rule 49(B)(3), the sealed materials
will be automatically unsealed and handled as such.
6. 
The United States has considered alternatives less drastic than sealing and has
found none that would suffice to protect this investigation. The United States will move to unseal
the documents before they are set to become automatically unsealed if it determines that
circumstances warrant such action.
Case 1:24-cr-00040-PTG     Document 5     Filed 02/15/24     Page 2 of 3 PageID# 27

WHEREFORE, 
the United States respectfully requests that the indictment and this
Motion to Seal and proposed Order be sealed until the defendant is arrested.
Respectfully submitted,
Jessica D. Aber
United States Attorney
By: 
/6&6^
Kathleen E. Robeson
Assistant United States Attorney
Case 1:24-cr-00040-PTG     Document 5     Filed 02/15/24     Page 3 of 3 PageID# 28

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