Notice of Related Case in a Criminal Action — United States v. Mark Schena (N.D. Cal., Dkt. 58, June 3, 2021)

Summary

Notice of Related Cases, Document 58, filed June 3, 2021, by the United States in United States v. Mark Schena, Case 5:20-cr-00425, and United States v. Paul Haje, No. CR-21-00214 LHK, in the U.S. District Court for the Northern District of California. Under Local Criminal Rule 8-1, the notice says the cases may be related because they arise from the same federal investigation of health care fraud and securities fraud related to the conduct of Arrayit Corporation, where Schena was the President and Haje was the Vice President of Marketing. It states that on May 25, 2021, the government filed an Information against Haje, and that Haje has already agreed to enter a guilty plea. The signature blocks name Justin Weitz, Jacob Foster and William Frentzen.

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“Notice of Related Case in a Criminal Action — United States v. Mark Schena (N.D. Cal., Dkt. 58, June 3, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-n-d-cal-no-5-20-cr-00425-dkt-58-n-d-cal-40ba11ab22/, SHA-256 c78a946ecaf58361adea198fbc5f80ef0003654320336b09c7a5e0b372c4f50a.

Full text

               Case 5:20-cr-00425-EJD Document 58 Filed 06/03/21 Page 1 of 3




 1 STEPHANIE HINDS (CABN 154284)
   Acting United States Attorney
 2
   WILLIAM FRENTZEN (LABN 24421)
 3
   Assistant United States Attorney
 4
   DANIEL KAHN (NYBN 4196413)
 5 Acting Chief
   U.S. Department of Justice, Fraud Section
 6
   JUSTIN WEITZ (NYBN 5027966)
 7
   Acting Principal Assistant Chief
 8 JACOB FOSTER (CABN 250785)
   Assistant Chief
 9 Fraud Section, Criminal Division

10 Attorneys for the United States of America

11

12                                 UNITED STATES DISTRICT COURT

13                              NORTHERN DISTRICT OF CALIFORNIA

14                                         SAN JOSE DIVISION

15
     UNITED STATES OF AMERICA,                  ) NO. CR 20-00425-EJD
16                                              )
             Plaintiff,                         ) FILED NOVEMBER 12, 2020
17                                              )
        v.                                      )
18                                              )
     MARK SCHENA,                               )
19                                              )
             Defendant.                         )
20                                              )

21
     UNITED STATES OF AMERICA,                  )   NO. CR-21-00214 LHK
22                                              )
             Plaintiff,                         )   FILED JUNE 25, 2021
23                                              )
        v.                                      )   NOTICE OF RELATED CASE IN A CRIMINAL
24                                              )   ACTION
     PAUL HAJE,                                 )
25                                              )
             Defendant.                         )
26                                              )

27

28

     NOTICE OF RELATED CASES
                                                                                    v.
              Case 5:20-cr-00425-EJD Document 58 Filed 06/03/21 Page 2 of 3




 1          The United States of America, pursuant to Local Criminal Rule 8-1, hereby notifies the Court that

 2 the above-captioned criminal cases may be related.          On May 25, 2021, the government filed an

 3 Information against defendant Haje. That case was assigned to the Honorable U.S. District Judge Koh.

 4          Based upon the facts, the case against Haje is related to a previously filed Indictment against Mark

 5 Schena that is currently pending before Judge Davila. The cases may be related within the meaning of

 6 Local Rule 8-1(a)(1) because they arise from the same federal investigation of health care fraud and

 7 securities fraud related to the conduct of Arrayit Corporation where defendant Schena was the President

 8 and Haje was the Vice President of Marketing. Defendant Haje has already agreed to enter a guilty plea

 9 and, as part of that plea, agreed to truthfully testify and provide information to the government. It is

10 expected that information and testimony will relate to the criminal conduct by defendant Schena.

11          Likewise, the cases may be related within the meaning of Local Rule 8-1(b)(2) because, if heard

12 by separate judges, the actions likely would involve substantial duplication of labor by the two judges.

13 The government anticipates that evidence from Defendant Haje will be relevant at trial for defendant

14 Schena. The government anticipates that this evidence will show a conspiracy involving defendants Haje,

15 Schena, and others.

16          Per the requirement of Local Criminal Rule 8-1(c)(4), government counsel states that assignment

17 of these cases to a single judge is likely to conserve judicial resources and promote an efficient

18 determination of each action.

19

20 DATED: June 3, 2021                                           Respectfully submitted,

21                                                               STEPHANIE HINDS
                                                                 Acting United States Attorney
22                                                               Northern District of California
23
                                                                 DANIEL KAHN
24                                                               Acting Chief, Fraud Section
                                                                 U.S. Department of Justice
25

26                                                               ________/s/_________________
                                                                 JUSTIN WEITZ
27
                                                                 Acting Principal Assistant Chief
28                                                               JACOB FOSTER
                                                                 Assistant Chief
     NOTICE OF RELATED CASES
                                                                                                        v.
           Case 5:20-cr-00425-EJD Document 58 Filed 06/03/21 Page 3 of 3




 1                                                Criminal Division, Fraud Section
                                                  U.S. Department of Justice
 2
                                                  ________/s/_________________
 3
                                                  WILLIAM FRENTZEN
 4                                                Chief, Corporate Fraud Strike Force
                                                  U.S. Attorney’s Office for the
 5                                                Northern District of California
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     NOTICE OF RELATED CASES
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