Motion to Dismiss Indictment — United States v. Chad Brandon Thomas (E.D. Tenn.)

Record facts

U.S. District Court for the Eastern District of Tennessee, Greeneville Division · No. 2:22-cr-00053-JRG-CRW · Doc. 23 · 2023-08-28 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT GREENEVILLE 
 
UNITED STATES OF AMERICA 
) 
 
 
) 
 
v. 
 
) 
No. 2:22-CR-53 
 
 
) 
JUDGE GREER  
CHAD BRANDON THOMAS 
) 
 
MOTION TO DISMISS INDICTMENT 
 
The United States of America, by and through the United States Attorney for the Eastern 
District of Tennessee, pursuant to Rule 48 of the Federal Rules of Criminal Procedure, moves for 
a dismissal without prejudice of the Indictment against the defendant Chad B. Thomas in the 
above-styled case.  By way of background and as support for this motion, the United States 
would show the following. 
 
In 2022, the United States provided defendant Thomas with a target letter that advised 
him that he was the target of an investigation into various COVID-19-based fraud offenses.  In 
response, Mr. Thomas contacted the Court and requested appointed counsel.  The Court then 
appointed attorney Dudley Senter to represent the defendant in further dealings with the United 
States.  After that, the parties negotiated a plea agreement that ultimately got filed in the 
companion case of United States v. Chad Thomas, No. 2:22-CR-76 (“the information case”).  In 
that case, Mr. Thomas agreed to plead guilty to a charge of wire fraud and was sentenced by this 
Court on August 21, 2023.  The facts set forth in that plea agreement and resulting presentence 
investigation report are the same facts alleged in this sealed indictment.  
 
Prior to finalizing the plea agreement in the information case, Attorney Senter withdrew 
from representing defendant Thomas, and the Court appointed attorney Jefferson Fairchild to 
take over the representation.  The United States provided the same plea agreement and 
Case 2:22-cr-00053-JRG-CRW     Document 23     Filed 08/28/23     Page 1 of 2     PageID
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information to attorney Fairchild and set a deadline for receipt of the executed plea agreement.  
That deadline passed, and the United States heard nothing further.  Accordingly, the United 
States obtained the indictment in this case.  Before Thomas appeared on the indictment in this 
case, though, attorney Fairchild returned the executed, negotiated plea agreement.  The United 
States opted to honor the prior negotiation, filed the information in the information case, and 
Thomas plead guilty and was sentenced in that case.1  The entry of that plea and subsequent 
sentencing have resolved all pending matters, and the United States has agreed not to prosecute 
the defendant further for the offenses at issue, to include the other offenses in the indictment 
filed in this case. 
Consequently, this case is due to be dismissed.  As a precaution, the United States 
requests the dismissal be without prejudice because, although the plea agreement in the 
information case resolved all pending charges, certain provisions of the plea agreement survive 
and would permit the reinstatement of charges should a future breach occur. 
 
Respectfully submitted, this the 28th day of August, 2023. 
FRANCIS M. HAMILTON, III 
UNITED STATES ATTORNEY 
By: 
s/ Mac D. Heavener, III 
Mac D. Heavener, III, Fla. Bar #0896748 
Assistant United States Attorney 
220 West Depot Street, Suite 423 
Greeneville, Tennessee 37743 
(423) 639-6759
Mac.Heavener@usdoj.gov
1 Pleadings filed in that case made clear that the delay in returning the negotiated 
agreement were due, in part, to Mr. Thomas not having a stable residence at the time. 
Case 2:22-cr-00053-JRG-CRW     Document 23     Filed 08/28/23     Page 2 of 2     PageID
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