ORDER granting Parties' 33 Joint Motion to Proceed with Guilty Plea Videoconference as… — PPP Fraud Criminal (Dkt. 35)

Full text

                 Case 2:21-cr-00041-JCC Document 35 Filed 03/12/21 Page 1 of 2




                                                       THE HONORABLE JOHN C. COUGHENOUR
 1

 2

 3

 4

 5

 6
                                 UNITED STATES DISTRICT COURT
 7
                                WESTERN DISTRICT OF WASHINGTON
 8                                        AT SEATTLE

 9   UNITED STATES OF AMERICA,                                CASE NO. CR21-0041-JCC
10                              Plaintiff,                    ORDER
11          v.

12   MUKUND MOHAN,

13                              Defendant.
14

15          This matter comes before the Court on the parties’ joint motion to proceed with a guilty
16   plea hearing by video conference (Dkt. No. 33). Having thoroughly considered the motion and
17   the relevant record, the Court hereby GRANTS the motion for the reasons explained herein.
18   I.     BACKGROUND
19          Defendant is charged by Information (Dkt. No. 32) with submitting fraudulent loan
20   applications under the Paycheck Protection Program and then laundering the proceeds. The
21   parties have reached a plea agreement and jointly move for Defendant to enter a guilty plea by
22   video conference (Dkt. No. 33). According to the parties’ motion, Defendant intends to enter a
23   guilty plea to one count of wire fraud and one count of money laundering pursuant to the plea
24   agreement. (Id. at 1.) Defendant, who will consent to a remote plea hearing, seeks to move
25   forward and resolve this matter without delay. (Id. at 2.) This will hasten the ultimate resolution
26   of this case, including the payment of restitution, and provide Defendant certainty and assist him


     ORDER
     CR21-0041-JCC
     PAGE - 1
               Case 2:21-cr-00041-JCC Document 35 Filed 03/12/21 Page 2 of 2




 1   in planning for his family’s future. (Id.)

 2   II.    DISCUSSION

 3          Because of the health risks posed by the COVID-19 pandemic, the Court may conduct a

 4   felony plea hearing by video conference if the defendant consents and the Court finds that the

 5   plea hearing cannot be further delayed without serious harm to the interests of justice. See

 6   Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136,

 7   §§ 15002(b)(2)(A), (b)(4), 134 Stat. 281, 528–29 (2020); W.D. Wash. General Order No. 17-20

 8   (Dec. 23, 2020), 14-20 (Sept. 24, 2020), 04-20 (Mar. 30, 2020). Defendant has a strong interest
 9   in the speedy resolution of this matter. Under General Order 18-20, in-person proceedings will
10   not resume in this District until at least April 1, 2021. See W.D. Wash. General Order No. 18-20
11   at 2 (Dec. 30, 2020). The Court finds that delaying Defendant’s guilty plea hearing, and therefore
12   his sentencing, despite having already reached a plea agreement with the Government, would
13   cause serious harm to the interests of justice.
14   III.   CONCLUSION

15          For the foregoing reasons, the Court GRANTS the parties’ motion to proceed with a

16   guilty plea hearing by video conference (Dkt. No. 33). The Court ORDERS that Defendant’s

17   guilty plea hearing before a Magistrate Judge be set as soon as practicable and be conducted by

18   video conference. The Court DIRECTS the Magistrate Judge to establish a record of Defendant’s

19   consent for the hearing, in accordance with General Order No. 04-20.

20          DATED this 12th day of March 2021.




                                                          A
21

22

23
                                                          John C. Coughenour
24                                                        UNITED STATES DISTRICT JUDGE
25

26


     ORDER
     CR21-0041-JCC
     PAGE - 2


File and source

File

005_ECF_35_gov.uscourts.wawd.296949.35.0.pdf

Size

53,321 bytes

SHA-256

97ff5d91b22d89dca0441f587ba7443d43fa8737ab76fbc433d128034eb9b84b

Our copy

005_ECF_35_gov.uscourts.wawd.296949.35.0.pdf

Original

storage.courtlistener.com