Exhibit C - 2/6/2024 letter — USA v. Rivera et al. (Dkt. 54-3, D.N.J., 2025-01-14)

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U.S. District Court for the District of New Jersey · No. 1:24-cr-00267-KMW · Doc. 54-3 · 2025-01-14 · Docket on CourtListener

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Exhibit C 
Case 1:24-cr-00267-KMW     Document 54-3     Filed 01/14/25     Page 1 of 3 PageID: 431

 
 
 
U.S. Department of Justice 
United States Attorney 
District of New Jersey 
 
 
 
PHILIP R. SELLINGER 
                                                                               401 Market Street, Fourth Floor  
United States Attorney                               
                                                                               Camden, New Jersey 08101-2098 
 
                                                            
                   
DANIEL A. FRIEDMAN                                                                                                                                                  Direct Dial: 856.968.4867                    
Assistant United States Attorney 
                                                                                Email:  Daniel.friedman2@usdoj.gov 
 
 
 
February 6, 2024 
 
Via Email Attachment 
 
Mark W. Catanzaro 
21 Grant Street 
Mt. Holly, NJ 08060 
 
 
Re:  
U.S. v. James Wessels 
 
Dear Mr. Catanzaro: 
 
 
The Government is providing certain discovery relating to the Government’s case against your 
client, James Wessels, in the above-referenced matter.  Please be advised that these materials are being 
provided pursuant to a Protective Order that has been entered in this case.   
 
 
Disclosure by the Government 
 
 
The discovery materials consist of 679 pages of communications between James Wessels and 
Lisa Smith regarding their conspiracy to prepare fake tax forms and other documents as part of a scheme 
to defraud a lender by submitting fraudulent Paycheck Protection Program loan applications. 
 
This Disclosure Is Voluntary and Not Complete 
 
 
Please note that our Office is providing this pre-indictment discovery to you voluntarily.  Neither 
Federal Rule of Criminal Procedure 16 nor any statute or rule requires that our Office make discovery 
to a person unless and until that person has been indicted.  Although the Government is under no legal 
obligation to provide the enclosed material before the filing of an indictment, see United States v. 
Sgarlat, 705 F. Supp. 2d 347, 355 (D.N.J. 2010), we are willing to do so here to facilitate plea 
negotiations.  Also, please be advised that the disclosure of this evidence does not imply that our Office 
has made, or will make, complete pre-indictment discovery to you.  Should your client ultimately be 
indicted, you will receive all of the discovery to which your client is entitled.  However, should you 
desire to receive and/or review any other evidence or materials relevant to the investigation and/or 
prosecution of your client, please feel free to make a request, and we will consider each such request as 
it is made. 
 
* * * 
Case 1:24-cr-00267-KMW     Document 54-3     Filed 01/14/25     Page 2 of 3 PageID: 432

 
 
2
 
If you have any questions about the enclosed materials, please do not hesitate to contact me.  
Once you have had an opportunity to review the enclosed information with your client, please contact 
me regarding disposition of this matter. 
 
Very truly yours, 
 
 
 
 
 
 
 
 
PHILIP R. SELLINGER 
 
 
 
 
 
 
 
United States Attorney 
 
 
/s/ Daniel A. Friedman 
 
 
By:  
DANIEL A. FRIEDMAN 
 
JASON M. RICHARDSON 
Assistant U.S. Attorneys 
Case 1:24-cr-00267-KMW     Document 54-3     Filed 01/14/25     Page 3 of 3 PageID: 433

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