MOTION to Withdraw as Attorney by Mark Josephs. by David Staveley.… — PPP Fraud Criminal (Dkt. 32)

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Case 1:20-cr-00074-MSM-LDA Document 32 Filed 01/06/21 Page 1 of 5 PageID #: 150




                            IN THE UNITED STATES DISTRICT COURT
                              FOR THE DISTRICT OF RHODE ISLAND

 UNITED STATES OF AMERICA                             :
                                                      :
                   v.                                 :       No. 20-CR-074-MSM
                                                      :
 DAVID STAVELEY,                                      :
  a/k/a Kurt Sanborn,                                 :
               Defendant.                             :


                        MOTION FOR LEAVE TO WITHDRAW AS COUNSEL

        Attorney Mark L. Josephs respectfully submits this Motion for Leave to Withdraw as

 Counsel for Defendant David Staveley. Undersigned counsel has represented Mr. Staveley in

 this matter as defense counsel after being admitted pro hac vice for purposes of this

 representation.

        Mr. Josephs requests that he be allowed to withdraw for two reasons. First, Mr. Josephs

 will be closing his solo Massachusetts practice by the end of January 2021 because he has

 accepted an offer to serve as in-house counsel in a private company. Second, Mr. Staveley has

 not paid, and cannot pay, for Mr. Josephs’s services. Mr. Josephs has been in touch with the

 Federal Defender’s office about Mr. Staveley, as he will require an Assistant Federal Defender or

 a CJA attorney.

        For the foregoing reasons, undersigned counsel respectfully requests that this Motion for

 Leave be granted, and undersigned counsel be permitted to withdraw his appearance in this

 action. The affidavit and certification required by Local Rule Gen 206 are attached.

                                                      Respectfully submitted,


 Dated: January 6, 2021
Case 1:20-cr-00074-MSM-LDA Document 32 Filed 01/06/21 Page 2 of 5 PageID #: 151




                                           /s/ Mark L. Josephs
                                           Mark L. Josephs
                                           MA Bar No. 568454
                                           Law Office of Mark L. Josephs LLC
                                           100 Cambridge Street, 14th Floor
                                           Boston, MA 02114
                                           (202) 904-4736
                                           mark.josephs@markljosephslaw.com




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Case 1:20-cr-00074-MSM-LDA Document 32 Filed 01/06/21 Page 3 of 5 PageID #: 152




                         IN THE UNITED STATES DISTRICT COURT
                           FOR THE DISTRICT OF RHODE ISLAND

 UNITED STATES OF AMERICA                             :
                                                      :
                v.                                    :       No. 20-CR-074-MSM
                                                      :
 DAVID STAVELEY,                                      :
  a/k/a Kurt Sanborn,                                 :
               Defendant.                             :


 AFFIDAVIT IN SUPPORT OF MOTION FOR LEAVE TO WITHDRAW AS COUNSEL

        1.      My name is Mark Josephs. I am 55 years old, and I am defense counsel to

 Defendant David Staveley in this action.

        2.      I am admitted to the Massachusetts, Illinois, and District of Columbia Bars. My

 Massachusetts Bar Number is 568454.

        3.      Mr. Staveley is not in the military service of the United States as defined in the

 Servicemembers Civil Relief Act of 2003 (50 U.S.C. §§ 3901-4043), as amended.


 Signed this 6th day of January, under the pains and penalties of perjury.

                                                              /s/ Mark L. Josephs
                                                              Mark L. Josephs




                                                  3
Case 1:20-cr-00074-MSM-LDA Document 32 Filed 01/06/21 Page 4 of 5 PageID #: 153




                         IN THE UNITED STATES DISTRICT COURT
                           FOR THE DISTRICT OF RHODE ISLAND

 UNITED STATES OF AMERICA                             :
                                                      :
                v.                                    :       No. 20-CR-074-MSM
                                                      :
 DAVID STAVELEY,                                      :
  a/k/a Kurt Sanborn,                                 :
               Defendant.                             :


                 CERTIFICATION OF MARK JOSEPHS IN SUPPORT OF
                  MOTION FOR LEAVE TO WITHDRAW AS COUNSEL

         1.     I, Mark Josephs, hereby certify that I notified my client, Defendant David

 Staveley, in person at the Wyatt Detention Facility on January 6, 2021, of my intent to file a

 Motion to withdraw as counsel.

         2.     I made him aware that he could object to this Motion and that substitution of

 counsel will not be considered as grounds for delaying the trial or any other matter scheduled in

 this case.


                                                              Respectfully submitted,


                                                              /s/ Mark L. Josephs
                                                              Mark L. Josephs




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Case 1:20-cr-00074-MSM-LDA Document 32 Filed 01/06/21 Page 5 of 5 PageID #: 154




                                      CERTIFICATE OF SERVICE

         I hereby certify that this document filed through the ECF system will be sent

 electronically to the registered participants as identified on the Notice of Electronic Filing (NEF),

 and paper copies will be sent to anyone indicated as a non-registered participant on January 6,

 2021.


                                                       /s/ Mark L. Josephs
                                                       Mark L. Josephs




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