Agreed MOTION Extension of Time to Indict by USA as to Lee Price, III, filed — PPP Fraud Criminal (Dkt. 15)

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     Case 4:20-mj-01366 Document 15 Filed on 08/07/20 in TXSD Page 1 of 4




                     UNITED STATES DISTRICT COURT
                      SOUTHERN DISTRICT OF TEXAS
                             HOUSTON DIVISION
UNITED STATES OF AMERICA                      §
                                              §
v.                                            §     Criminal No. 4:20-mj-1366
                                              §
LEE PRICE III                                 §

             AGREED MOTION TO EXTEND TIME TO INDICT

        The United States and the defendant, Lee Price III, through his attorney,

request an extension of the time upon which an indictment must be filed in this

case.

        Mr. Price was charged via Criminal Complaint on August 3, 2020. The

complaint alleged violations of Wire Fraud (18 U.S.C. § 1343), Bank Fraud (18

U.S.C. §1344), False Statements to a financial institution (18 U.S.C. § 1014), and

Unlawful Monetary Transactions (18 U.S.C. § 1957).

        On August 4, 2020, Mr. Price was arrested and appeared before United

States Magistrate Sam S. Sheldon for an initial appearance. He was detained

pending a detention hearing, set for later this month.

        Under the Speedy Trial Act, 18 U.S.C. § 3161(b), an indictment must be

returned for the instant charges “within thirty days from the date on which [the

Defendant] was arrested or served with a summons in connection with such
    Case 4:20-mj-01366 Document 15 Filed on 08/07/20 in TXSD Page 2 of 4




charges.” The relevant 30th day will fall on or about September 3, 2020, not taking

into account all excludable time, pursuant to § 3161(h)(1)(G) and (H), and Federal

Rule of Criminal Procedure 45(a).

      The parties request that this Court continue presentation of Mr. Price’s case

to the Grand Jury for an additional 60 days. Because of the current COVID-19

pandemic, the parties believe that the prudent course of action is to proceed by

complaint instead of requiring a large group of grand jurors to hear the

government’s grand jury presentation in person. Furthermore, both parties believe

there may be a possibility of an agreement being reached which would negate the

necessity for an indictment, thereby preserving the time of the Grand Jury and

the government.

      Granting this continuance would be in the interest of judicial economy,

justice, and Mr. Price. The parties further believe that a continuance would serve

the ends of justice and would outweigh the interest of the public in a speedy

trial. See 18 U.S.C. § 3161(h)(7)(A).

      This request is not made in an effort to unduly delay the proceedings, but

rather to ensure that justice and other judicial considerations are achieved. See 18

U.S.C. §§ 3161(h)(7)(B)(iii) and (iv).
    Case 4:20-mj-01366 Document 15 Filed on 08/07/20 in TXSD Page 3 of 4




      For the foregoing reasons, the parties request that this Court continue the

time upon which an indictment must be filed for an additional 60 days, until on or

about November 2, 2020.

                                      Respectfully submitted,

                                      ROBERT ZINK
                                      Acting Chief
                                      Fraud Section, Criminal Division


                                      /s/ Timothy A. Duree
                                      TIMOTHY A. DUREE
                                      Trial Attorney
     Case 4:20-mj-01366 Document 15 Filed on 08/07/20 in TXSD Page 4 of 4




                      CERTIFICATE OF CONFERENCE
      Counsel conferred with counsel for defendant, Kent Schaffer on August 5,
2020, and he agrees to the motion.
                                      /s/__________________
                                      Timothy A. Duree, Trial Attorney


/s/____________________________
Kent Schaffer, Attorney for Lee Price III


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