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Criminal Complaint - United States v. Maurice Fayne related docket

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CourtU.S. District Court for the Northern District of Georgia
Filed2021-02-09

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 157 · 2021-02-09 · Docket on CourtListener

Summary

A motion to conduct a Faretta hearing remotely, filed February 9, 2021 as Doc. 157 by counsel for the defendant in United States of America v. Daniel Eric Jay, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia. It asks the Court to hold the Faretta hearing scheduled for February 12, 2021 by Zoom. The background section lists Jay's July 9, 2020 arrest on a criminal complaint in the Western District of Pennsylvania, a First Superseding Indictment returned July 28, 2020 charging bank fraud, and a second superseding indictment returned November 19, 2020 charging bank fraud, wire fraud and wire fraud conspiracy, as well as counsel's January 5, 2021 motion to withdraw. The motion cites the COVID-19 pandemic and possible inclement weather affecting travel from Pennsylvania, and states that Mr. Jay has agreed to a Zoom hearing.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA
v. 
DANIEL ERIC JAY 
Criminal Action No. 
1:20-CR-228-MHC-JKL 
 
MOTION TO CONDUCT FARETTA HEARING REMOTELY 
 
Undersigned counsel respectfully requests that the Court conduct the 
upcoming Faretta hearing remotely and permit the parties to appear via Zoom.   
Background 
On July 9, 2020, Defendant Jay was arrested by a criminal complaint in the 
Western District of Pennsylvania. Doc. 1.  On July 28, 2020, a grand jury returned 
a First Superseding Indictment charging Jay with bank fraud. Doc. 41. On 
November 19, 2020, a grand jury returned a second superseding indictment 
charging Jay with bank fraud, wire fraud, and wire fraud conspiracy. Doc. 96.  
 
On January 5, 2021, undersigned counsel moved to withdraw as counsel. 
Doc. 130. On January 7, 2021, this Court scheduled an in-person Faretta hearing 
to take place on February 12, 2021. Doc. 132.  
Request 
Undersigned counsel respectfully requests that the upcoming Faretta 
hearing be conducted over Zoom. An in-person hearing would require Mr. Jay to 
travel from Pennsylvania to Atlanta, Georgia. Given the COVID-19 pandemic, as 
Case 1:20-cr-00228-MHC-JKL     Document 157     Filed 02/09/21     Page 1 of 3

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well as Mr. Jay’s responsibility as a caretaker for his elderly father, a remote 
hearing would avoid the risks associated with interstate travel during a 
pandemic. There is also an ongoing possibility of inclement weather, which has 
the potential to interfere with Mr. Jay’s travel plans. Mr. Jay has agreed to 
conduct this hearing via Zoom.  
 
Respectfully submitted 9th day of February 2021.  
 
/s/ Kamal Ghali 
 
 
 
Kamal Ghali 
Georgia Bar No. 805055 
ghali@bmelaw.com 
Megan Cambre  
Georgia Bar No. 167133  
cambre@bmelaw.com 
 
BONDURANT, MIXSON & ELMORE, LLP 
1201 West Peachtree Street, N.W., Suite 3900 
Atlanta, Georgia  30309 
(404) 881-4100 – Telephone 
(404) 881-4111 – Facsimile 
 
 
 
 
 
 
 
 
Case 1:20-cr-00228-MHC-JKL     Document 157     Filed 02/09/21     Page 2 of 3

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CERTIFICATE OF SERVICE 
 
I hereby certify that a copy of the foregoing was electronically filed this 
day with the Clerk of the Court using the CM/ECF system which will 
automatically send email notification of such filing to all parties of record.  
 
Respectfully submitted 9th day of February 2021.  
/s/ Kamal Ghali 
 
 
 
Kamal Ghali 
Georgia Bar No. 805055 
ghali@bmelaw.com 
Megan Cambre  
Georgia Bar No. 167133  
cambre@bmelaw.com 
 
BONDURANT, MIXSON & ELMORE, LLP 
1201 West Peachtree Street, N.W.,  
Suite 3900 
Atlanta, Georgia  30309 
(404) 881-4100 – Telephone 
(404) 881-4111 – Facsimile 
 
 
 
Case 1:20-cr-00228-MHC-JKL     Document 157     Filed 02/09/21     Page 3 of 3

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