Fourth Joint Unopposed Motion for an Ends of Justice Continuance of Trial and Related Dates — United States v. Lybolt (Dkt. 64, D. Colo.)

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The fourth joint unopposed motion for an ends of justice continuance of trial and related dates in United States v. Joshua Lybolt and Magdalena Lybolt, Criminal Case No. 1:24-cr-00212-DDD, in the U.S. District Court for the District of Colorado, filed October 21, 2025 as Document 64. Through counsel Todd A. Spodek of the Spodek Law Group and Richard K. Kornfeld of Recht Kornfeld, P.C., the defendants ask for a 90 day continuance under 18 U.S.C. § 3161(h)(1) and (7)(A). The motion states that the indictment dated June 27, 2024 charges Magdalena Lybolt with wire fraud and aiding and abetting, and Joshua Lybolt with five counts of wire fraud and eight counts of money laundering under 18 U.S.C. § 1957. Both are on bond, and the motion says Spodek and the government are in the final stages of plea negotiations.

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Case No. 1:24-cr-00212-DDD          Document 64        filed 10/21/25     USDC Colorado         pg 1
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                       IN THE UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLORADO

Criminal Case No. 1:24-cr-00212-DDD

UNITED STATES OF AMERICA,

       Plaintiff,

v.

1.     JOSHUA LYBOLT, and
2.     MAGDALENA LYBOLT,

       Defendants.



         FOURTH JOINT UNOPPOSED MOTION FOR AN ENDS OF JUSTICE
               CONTINUANCE OF TRIAL AND RELATED DATES


       Defendants Joshua Lybolt, by and through counsel, Todd A. Spodek of the Spodek Law

Group, and Magdalena Lybolt, by and through counsel, Richard K. Kornfeld of Recht Kornfeld,

P.C., respectfully move this Court for an Order, pursuant to Title 18 U.S.C. § 3161(h)(1) and (7)(A)

for a 90 day ends of justice continuance of this matter. In support of said Motion, Defendants state

as follows:

       1.      Magdalena Lybolt is charged in a felony indictment dated June 27, 2024, charging

her with Wire Fraud and Aiding and Abetting, in violation of 18 U.S.C. §§ 1343, 2(a). Ms. Lybolt

is out of custody on an unsecured bond. Joshua Lybolt is charged in the indictment with five counts

of Wire Fraud and Aiding and Abetting, in violation of 18 U.S.C. §§ 1343, 2(a), and eight counts

of Money Laundering, in violation of 18 U.S.C. § 1957. Mr. Lybolt also is on bond.

       2.      Mr. Spodek and the Government are currently engaged in the final stages of plea

negotiations and anticipate resolving this case outside of trial. This continuance will allow them to

continue in good faith and avoid unnecessary motion practice. Because the defendants are married

Case No. 1:24-cr-00212-DDD            Document 64          filed 10/21/25   USDC Colorado        pg 2
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with young children, these negotiations directly impact Ms. Lybolt and her ongoing negotiations

with the government, which are directly related to the negotiations involving her husband. A

resolution of the case against Mr. Lybolt will likely also resolve the case as to Mrs. Lybolt.

         3.     Further, Mrs. Lybolt was hospitalized on October 16, 2025 and currently is on a

mental health hold. Undersigned counsel for Mrs. Lybolt has been unable to contact her to obtain

more information, or to further discuss any potential pretrial motions. This case is complicated by

Mrs. Lybolt’s unavailability, her health status, and the negotiations between the government and

her husband. Undersigned counsel also has very real concerns regarding Mrs. Lybolt’s current

ability to participate in, and assist with, her defense.

         4.     The Defendants filed a Joint Unopposed Motion for an Ends of Justice Continuance

of Trial and Related Dates on September 12, 2024 (ECF no. 39), which was granted by this Court

(ECF no. 41). The Defendants filed a second Joint Unopposed Motion for an Ends of Justice

Continuance of Trial and Related Dates on March 4, 2025 (ECF no. 55), which was granted by

this Court (ECF no. 56). The Defendants filed a third Joint Unopposed Motion for an Ends of

Justice Continuance of Trial and Related Dates on July 9, 2025 (ECF no. 61), which was granted

by this Court (ECF no. 63). This case is presently set for a seven-day jury trial to commence on

December 1, 2025, with a trial preparation conference on November 18, 2025.

         5.     Defendants further request that the deadlines for the filing of pretrial motions,

disclosure of experts, and other temporal requirements also be continued for the reasons stated

above.

         6.     Undersigned counsel and counsel for the government will communicate about these

issues, and it is possible that a pretrial disposition will be agreed upon. However, meaningful final

Case No. 1:24-cr-00212-DDD          Document 64        filed 10/21/25     USDC Colorado         pg 3
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disposition discussions cannot be fully realized until defense counsel has properly conferred with

both defendants, one of whom is currently unavailable.

       7.      Undersigned counsel conferred with Assistant United States Attorney Craig

Fansler, who indicated that the government is not opposed to this motion. Defendants also concur

with the request made herein.

       8.      Consistent with the guidance provided in United States v. Toombs, 574 F.3d 1262

(10th Cir. 2009), the factors that support the requested continuance pursuant to Title 18 U.S.C. §

3161(h)(1) and (7)(A) are:

       a) Whether a failure to grant the continuance would result in a miscarriage of justice,

       See 18 U.S.C. § 3161(h)(7)(B)(I).      The defense believes a miscarriage of justice would

       occur if the Defendants are forced to proceed to trial under the current time limitations

       without adequate time to properly review all of the discovery materials in this matter, and

       without the time to conduct further investigation.

       b) Whether a failure to grant the continuance would deny counsel for the Defendant

       reasonable time necessary for effective preparation, taking into account the exercise

       of due diligence, See 18 U.S.C. § 3161(h)(1)(A). Failure to grant a continuance in this case

       would unreasonably deny undersigned counsel the reasonable time necessary to both

       effectively advise Defendants as to their options, undersigned counsel’s best professional

       advice regarding the best course of action, and, if necessary, effectively prepare for trial.

       As stated earlier, the need for expert witnesses in this case has a direct bearing on the way

       in which undersigned counsel will advise the Defendants.

       13.     It is in the interests of justice to grant this Motion. No party will be prejudiced by

the relief requested herein.

Case No. 1:24-cr-00212-DDD         Document 64        filed 10/21/25     USDC Colorado         pg 4
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       WHEREFORE, Defendants Joshua Lybolt and Magdalena Lybolt respectfully move this

Court for an Order granting a 90 day ends of justice continuance of this matter, and modifying the

Trial Preparation Conference, Jury Trial dates and attendant pretrial deadlines accordingly.


                                     Respectfully submitted this 21st day of October, 2025


                                     RECHT KORNFELD, P.C.

                                     s/ Richard K. Kornfeld
                                     Richard K. Kornfeld
                                     Attorney for Defendant Magdalena Lybolt
                                     1600 Stout Street, Suite 1400
                                     Denver, Colorado 80202
                                     (303) 573-1900
                                     Fax: (303) 446-9400
                                     rick@rklawpc.com

                                     SPODEK LAW GROUP

                                     s/ Todd A. Spodek
                                     Todd A. Spodek
                                     Attorney for Defendant Joshua Lybolt
                                     233 Broadway, Suite 710
                                     New York, NY 10279
                                     Phone: (212) 300-5196
                                     Fax: (212) 300-6371
                                     ts@spodeklawgroup.com

Case No. 1:24-cr-00212-DDD           Document 64        filed 10/21/25     USDC Colorado         pg 5
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                                 CERTIFICATE OF SERVICE

         I hereby certify that on this 21st day of October, 2025, I electronically filed the foregoing
Fourth Joint Unopposed Motion for an Ends of Justice Continuance of Trial and Related
Deadlines with the Clerk of Court using the CM/ECF system which will send notification of such
filing to all listed parties.



s/ Erin Mohr

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