Court filing

Proposed Order — PPP Fraud Criminal (Dkt. 15.1)

One of 10 filings in PPP Fraud Criminal.

What This Document Is

This is the two-page proposed order attached to the government's Agreed Motion to Extend Time to Indict (docketed as ECF 15 in the same case), filed August 7, 2020 in the Southern District of Texas, Houston Division. It is not itself an indictment; it is the order granting the parties' agreed request for a Speedy Trial Act extension.

Factual Summary

The order grants the Agreed Motion to Extend Time to Indict, finding under 18 U.S.C. § 3161(h)(7)(A) that the ends of justice served by the extension outweigh the public's and defendant's interest in a speedy indictment. The stated grounds are twofold: (1) the parties indicated some possibility of reaching a pre-indictment agreement that would avoid presenting the case to a grand jury, characterized as "other proceedings concerning the defendant" under 18 U.S.C. § 3161(h)(1); and (2) during the COVID-19 pandemic, limiting the need for grand jurors to convene in large groups serves public health. The order excludes the period between the order's signing and November 2, 2020 from Speedy Trial Act calculations under 18 U.S.C. § 3161(b), setting November 2, 2020 as the earliest an indictment or information could be required.

Key Facts

Case: United States v. Lee Price III; No. 4:20-mj-01366 (S.D. Tex., Houston Division).
Document type: proposed Order to Extend Time to Indict, paired with the Agreed Motion at ECF 15 in the same docket.
Legal basis: 18 U.S.C. § 3161(h)(7)(A) (ends-of-justice continuance); § 3161(h)(1) (other proceedings concerning the defendant — pre-indictment negotiation); § 3161(b) (Speedy Trial Act indictment deadline).
Stated grounds: possible pre-indictment agreement between the parties, plus COVID-19 public-health considerations around convening a grand jury.
Extended deadline: indictment or information not required before November 2, 2020.
Order is unsigned/undated in the template as filed (signature line left blank for "____ day of ___ 2020").

Source Caveats

As filed, this appears to be the proposed/template order (blank signature date) rather than a court-executed copy; whether and when it was actually signed is not established by this document alone.

No. 4:20-mj-01366 · Doc. 15-1 · Docket on CourtListener

Full text

     Case 4:20-mj-01366 Document 15-1 Filed on 08/07/20 in TXSD Page 1 of 2




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

                   ORDER TO EXTEND TIME TO INDICT

       Before the Court is the Government’s Agreed Motion to Extend Time to Indict

(the “Motion”). Having considered this Motion, and good cause being found, the

Motion is GRANTED.

       Pursuant to 18 U.S.C. § 3161(h)(7)(A), the Court finds that the ends of justice

served by granting the requested extension of time outweigh the best interests of the

public and the defendant in a speedy trial. Specifically, the parties have mentioned

there is some possibility of an agreement being reached prior to indictment

which would obviate the need to present this case to the grand jury. Such

negotiations between the parties constitute “other proceedings concerning

the defendant” pursuant to 18 U.S.C. § 3161(h)(1). Allowing the parties

to explore possibility of a pre-indictment agreement furthers the ends of

justice and advances judicial economy. Additionally, during the ongoing

COVID-19 pandemic, limiting the need for grand jurors to convene in large groups
    Case 4:20-mj-01366 Document 15-1 Filed on 08/07/20 in TXSD Page 2 of 2




promotes public health. Accordingly, this extension of time serves the best interests

of the public.

      The Court hereby finds that the period of time between the date this order is

signed and November 2, 2020, shall be excluded in calculating the time within which

an indictment or information must be filed under the Speedy Trial Act, 18 U.S.C. §

3161(b). The deadline to file an information or indictment shall expire no sooner

than November 2, 2020.



      Signed at Houston, Texas on _____ day of _________________ 2020.

                                       ____________________________

                                       United States Magistrate Judge

File and source

File: 003_ECF_15_gov.uscourts.txsd.1787640.15.1.pdf
Size: 30,907 bytes
SHA-256: 66cbf9f2b74cc09dd6a4a329b7250294eefed9be68bc3177caf1cf8409b2e23e
Our copy: 003_ECF_15_gov.uscourts.txsd.1787640.15.1.pdf
Original: storage.courtlistener.com