Motion for Leave to Dismiss Indictment — United States v. Lucas (Dkt. 80, D. Utah)

Summary

A motion for leave to dismiss the indictment with prejudice under Rule 48(a), filed November 20, 2024 as Document 80 by U.S. Attorney Trina A. Higgins, Assistant U.S. Attorney Todd C. Bouton and Special Assistant U.S. Attorney Sachiko J. Jepson in United States v. Carter Lane Lucas, Case No. 2:23-cr-00405-DBB, in the U.S. District Court for the District of Utah before Judge David Barlow. The government states that the motion is made in the interests of justice based on facts it learned that day while preparing witnesses for trial, starting with the defendant's misrepresentation in his Economic Injury Disaster Loan application that he had never been convicted of a crime other than a minor vehicle violation. An attached proposed order would grant the motion and allow dismissal with prejudice.

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Case 2:23-cr-00405-DBB Document 80 Filed 11/20/24 PageID.572 Page 1 of 2




TRINA A. HIGGINS, United States Attorney (#7349)
TODD C. BOUTON, Assistant United States Attorney (#17800)
SACHIKO J. JEPSON, Special Assistant United States Attorney (#17077)
Attorneys for the United States of America
Office of the United States Attorney
111 South Main Street, Suite 1800
Salt Lake City, Utah 84111-2176
Telephone: (801) 524-5682
Email: todd.bouton@usdoj.gov, sachiko.jepson@usdoj.gov


                     IN THE UNITED STATES DISTRICT COURT
                               DISTRICT OF UTAH


UNITED STATES OF AMERICA,                          Case No. 2:23-cr-00405-DBB

                             Plaintiff,
                                                   MOTION FOR LEAVE TO
v.                                                 DISMISS INDICTMENT

CARTER LANE LUCAS,

                             Defendant.            District Judge David Barlow



         The United States of America, through the undersigned Assistant United States

Attorney, and pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, hereby

moves for leave to file a dismissal of the Indictment with prejudice in the above-captioned

case. This motion is made in the interests of justice based on the facts that the United States

learned, for the first time, today while preparing witnesses for trial, (1) that, despite

defendant’s misrepresentation in his Economic Injury Disaster Loan (“EIDL Loan”)

application that he had never been convicted of a crime other than a minor vehicle violation,

  Case 2:23-cr-00405-DBB Document 80 Filed 11/20/24 PageID.573 Page 2 of 2




the Small Business Administration (“SBA”) could not definitively say that if the SBA had

known that defendant had been convicted of such a crime, the SBA would have denied his

EIDL Loan application after a review process that could have been requested; and (2) an

SBA witness believed that, despite defendant’s particular criminal history, the SBA would

have been unlikely to deny his loan application.

       This information is inconsistent with the information that was previously provided

to the United States by the SBA as reflected in some of the United States’ previous court

filings. Materiality is an element of the charged crimes. Based on the SBA’s admission that

it would have been unlikely that the defendant would have been denied the loan despite his

criminal history, his misrepresentation about his criminal history was not demonstrably

material to the loan decision. Because of these recently discovered facts, the United States

no longer has a good faith belief that it could prove beyond a reasonable doubt that

defendant’s misrepresentations about his lack of criminal history were material to the SBA

in its decision to approve the loan.

       SIGNED this 20th day of November, 2024.

                                                   TRINA A. HIGGINS
                                                   United States Attorney




                                                   ______________________________
                                                   TODD C. BOUTON
                                                   Assistant United States Attorney

 Case 2:23-cr-00405-DBB Document 80-1 Filed 11/20/24 PageID.574 Page 1 of 1




                    THE UNITED STATES DISTRICT COURT

                                  DISTRICT OF UTAH


 UNITED STATES OF AMERICA,                  Case No. 2:23-cr-000405

                     Plaintiff,             ORDER GRANTING LEAVE TO
 v.                                         DISMISS INDICTMENT

 CARTER LANE LUCAS,
                                            Judge David Barlow
                     Defendant.


      Based upon the United States’ Motion for Leave to Dismiss Indictment, pursuant to

Federal Rule of Criminal Procedure 48(a), and good cause appearing,

      IT IS HEREBY ORDERED that the Stipulated Motion for Leave to Dismiss

Indictment is GRANTED. The United States may dismiss the Indictment with prejudice in

the above-captioned case.



      SIGNED this _______ day of November, 2024.


                                              BY THE COURT:


                                              _________________________________
                                              DAVID BARLOW
                                              United States District Judge

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