Unopposed Motion to Continue Trial by USA — USA v. Sheppard (Dkt. 49, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 49 · 2023-07-20 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 22-20290-CR-BLOOM 
 
UNITED STATES OF AMERICA,  
 
v. 
 
ERIC DEAN SHEPPARD, 
 
 
          
Defendant. 
______________________________/ 
 
 
UNITED STATES’ UNOPPOSED MOTION 
TO CONTINUE THE TRIAL DATE   
 
 
The United States of America, through the undersigned Assistant United States Attorney, 
respectfully moves this Court for a three-week continuance of the trial in this case currently 
scheduled for September 11, 2023.  In support thereof, the government states as follows. 
1. 
The defendant, Eric Dean Sheppard, is charged with six counts of wire fraud 
stemming from the submission of Paycheck Protection Program (“PPP”) and Economic Injury 
Disaster Loan (“EIDL”) program loan applications and supporting documents that contained 
materially false information in order to be approved under those loan programs.   
2. 
Included with several of the loan applications were tax returns for the applicant 
companies that contained false entries to support the misrepresentations on the loan applications.  
A key witness for the government is the defendant’s long-time accountant, N.C., who for many 
years prepared the defendant’s personal and corporate tax returns, including the tax returns for all 
of the companies listed on the indictment.  N.C. is expected to testify about those companies and 
about the tax returns that he prepared for the defendant.  N.C. is expected to testify that the tax 
returns submitted with the loan applications were not the tax returns he prepared for the applicant 
Case 1:22-cr-20290-BB   Document 49   Entered on FLSD Docket 07/20/2023   Page 1 of 3

 
 
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companies and that his signature was forged on those tax returns.   
3. 
N.C. has advised the government that he is scheduled to have eye surgery on August 
3, 2023, and that his doctor expects he will not be able to travel for six to eight weeks thereafter.  
N.C. is 78 years of age.  N.C. is a very important witness for the government’s case. 
4. 
The Court has granted three defense motions to continue the trial, which is now  
scheduled for September 11, 2023.  This is the government’s first request for a continuance of the 
trial date.  The government is requesting that the trial date be continued for three weeks, to October 
2, 2023, which is eight weeks and four days after N.C.’s surgery, or to a date thereafter that is 
convenient for the Court.  The government expects its case to last approximately one week, and 
the defense expects its case to last several days, which in total might result in a two-week trial. 
5. 
The defendant is currently on bond and will not be prejudiced by the brief 
continuance being requested here.  The government has conferred with counsel for the defendant, 
who indicated that they are in agreement with the government’s request for a continuance to 
October 2, 2023.  Defense counsel further indicated that they are not in agreement with a 
continuance to a date after October 2, 2023, for the following reasons.  Ms. Weintraub will be 
unavailable from October 20th through October 23rd.  In addition, Mr. Etra will be unavailable as 
of October 19th for three weeks because his wife will be in trial in Tallahassee and they have a 
minor daughter who will need supervision.  The government notes that counsel for the United 
States is a single parent of two minor boys who definitely need supervision.  Government counsel  
 
 
Case 1:22-cr-20290-BB   Document 49   Entered on FLSD Docket 07/20/2023   Page 2 of 3

 
 
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will be available for trial. 
  
 
 
 
 
 
Respectfully submitted, 
    
MARKENZY LAPOINTE 
  
 
UNITED STATES ATTORNEY 
 
By:    s/Aimee Jimenez___________ 
 
 
 
 
 
 
 
 
Aimee C. Jimenez 
 
 
 
 
 
 
Assistant United States Attorney 
 
 
 
 
 
 
Court No. A5500795 
 
 
 
 
 
 
99 Northeast 4th Street 
 
 
 
 
 
 
Miami, Florida 33132-2111 
 
 
 
 
 
 
Tel: (305) 961-9028 
 
 
 
 
 
 
Email: aimee.jimenez@usdoj.gov  
 
 
 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on July 20, 2023, I electronically filed the foregoing document 
with the Clerk of the Court using CM/ECF, which will send Notices of Electronic Filing to all 
counsel of record.  
s/Aimee Jimenez____________                           
 
 
 
 
 
 
Aimee C. Jimenez 
 
 
 
 
 
 
   Assistant United States Attorney 
 
 
Case 1:22-cr-20290-BB   Document 49   Entered on FLSD Docket 07/20/2023   Page 3 of 3

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