Court filing — United States v. Eric Shibley (Doc. 93)

Record facts

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 93 · 2021-11-05 · Docket on CourtListener

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Government’s Proposed Voir Dire- 1 
U.S. v. Eric Shibley. / CR20-174JCC 
UNITED STATES ATTORNEY 
700 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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The Honorable John C. Coughenour  
 
 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF WASHINGTON 
AT SEATTLE 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
 
v. 
ERIC SHIBLEY, 
        
          Defendant. 
NO. CR20-174JCC 
 
 
GOVERNMENT’S PROPOSED  
VOIR DIRE 
 
 
 
Trial Date: November 15, 2021 
 
The government proposes that the Court ask the following questions during the 
Court’s voir dire: 
General Questions 
1) 
Are there any deadlines, family issues, or personal health issues or concerns 
that would make it difficult for you to concentrate on the proceedings in court or 
otherwise difficult for you to sit as a juror? 
2) 
Do any of you need special accommodations to allow you to see, hear, or 
understand the proceedings? 
3) 
If you have ever been a juror in a civil or criminal case: 
a. Was the jury able to reach a verdict? 
Case 2:20-cr-00174-JCC     Document 93     Filed 11/05/21     Page 1 of 4

 
 
 
Government’s Proposed Voir Dire- 2 
U.S. v. Eric Shibley. / CR20-174JCC 
UNITED STATES ATTORNEY 
700 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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b. Was there anything about that experience that would make it difficult 
for you to be fair and impartial in this case? 
4) 
The Court previously introduced the attorneys for the government, Brian 
Werner and Laura Connelly.  Does anyone know the attorneys for the government or 
anyone associated with the U.S. Attorney’s Office or the Department of Justice, Criminal 
Division, Fraud Section? 
5) 
The Court previously introduced the Defendant, Eric R. Shibley and his 
attorney Michael Nance.  Does anyone know the Defendant or his attorney? 
6) 
Do you know or are you familiar with any of the following individuals, 
who may be witnesses in this case? [The government respectfully requests the Court read 
the witness lists of the government and the defendant.] 
Questions about Law Enforcement 
7) 
Have you, any member of your family, or a close personal friend ever been 
the victim of a crime?   
a. If so, what type of crime was involved and when did it occur?  Was there 
anything about the experience that would in any way affect your ability to 
be a fair and impartial juror in this case? 
8) 
Have you, or has any member of your family or a close friend, ever been 
employed by or applied for employment with any law enforcement agency? 
9) 
Have you, any member of your immediate family, or a close personal 
friend, ever had a bad or unpleasant experience with the criminal justice system, a law 
enforcement officer or agency? 
a. Is there anything about that experience that would prevent you from sitting 
as a fair and impartial juror in this case? 
10) 
A federal law enforcement representative is likely to testify in this case.  Is 
there any reason why you could not consider her testimony fairly and impartially? 
11) 
Do you have any feelings regarding the criminal justice system that might 
affect your ability to consider the evidence in this case fairly and impartially? 
Case 2:20-cr-00174-JCC     Document 93     Filed 11/05/21     Page 2 of 4

 
 
 
Government’s Proposed Voir Dire- 3 
U.S. v. Eric Shibley. / CR20-174JCC 
UNITED STATES ATTORNEY 
700 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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12) 
Have you, either through any experience you have had or anything you 
have seen or read, developed any bias, prejudice or other feelings for or against the FBI?  
For or against the Department of Justice? For or against any other law enforcement 
agency? 
13) 
Do you have any feelings or opinions about the United States government 
in general, which would affect your judgment in this case? 
Questions About the Nature of the Case 
14) 
In this case, the Defendant is accused of the crimes of wire fraud, bank 
fraud, and money laundering.  Is there anything about the nature of the charges that 
causes you to believe that you cannot sit as a fair and impartial juror in this case? 
15) 
Have you, a family member, or a close friend ever worked for a bank, 
lender, loan processor, or other financial institution? To your knowledge, did that involve 
making or processing PPP loans?  
16) 
Have you, a family member, or a close friend ever worked for the United 
States Small Business Association (“SBA”)? To your knowledge, did involve processing 
PPP or EIDL loans?  
17) 
Have you applied for a Paycheck Protection Program loan or an Economic 
Injury Disaster?   
18) 
You may hear testimony from representatives of a bank, lender, loan 
processor, or other financial institutions, as well as the SBA. Have you had any 
experiences with any bank, lender, loan processor, or other financial institution that 
would make it difficult for you to evaluate that testimony fairly and impartially? Have 
you had any experiences with the SBA that would make it difficult for you to evaluate 
that testimony fairly and impartially?  
19) 
Do you think you could be fair and impartial in weighing the evidence in a 
case in which a victim is a bank or other financial institution?  
20) 
Do you think you could be fair and impartial in weighing the evidence in a 
case in which the government is a victim? 
Case 2:20-cr-00174-JCC     Document 93     Filed 11/05/21     Page 3 of 4

 
 
 
Government’s Proposed Voir Dire- 4 
U.S. v. Eric Shibley. / CR20-174JCC 
UNITED STATES ATTORNEY 
700 STEWART STREET, SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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21) 
Have you been a victim of or otherwise affected by what you believe to be 
fraud? 
Questions About Following the Law 
22) 
Will you follow the instructions of law that the Court will give you at the 
close of the case regardless of whether you agree with the instructions or not? 
23) 
Do you have any philosophical or religious beliefs that would prevent you 
from judging the evidence and deciding a person’s guilt or innocence? 
24) 
Would you disobey the judge’s instructions on the law simply because they 
are different from your own understanding of what the law is or should be? 
COVID-19 Considerations 
25) 
Do you have concerns about safely serving on a jury over the course of 
multiple days? Would those concerns affect your ability to be a fair and impartial juror in 
this case? 
 
Dated this 5th day of November, 2021. 
Respectfully submitted, 
 
NICHOLAS W. BROWN  
 
 
 
 
 
 
 
 
United States Attorney  
 
JOSEPH BEEMSTERBOER 
 
 
 
 
 
 
 
Acting Chief, Fraud Section,  
Criminal Division 
U.S. Department of Justice  
 
 
s/ Brian Werner 
 
 
 
BRIAN WERNER 
Assistant United States Attorney 
 
s/ Laura Connelly 
 
 
 
LAURA CONNELLY 
Trial Attorney 
Case 2:20-cr-00174-JCC     Document 93     Filed 11/05/21     Page 4 of 4

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