Government's Motion to Seal Complaint and Arrest Warrant Pursuant to Local Rule 49(B) — Didier Kindambu — No. 1:20-mj-00286

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The Government's motion to seal the complaint and arrest warrant under Local Rule 49(B), filed under seal on October 16, 2020 as Document 5 in United States v. Didier Kindambu, Case No. 1:20-MJ-286, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division. It states that IRS Criminal Investigation is investigating a suspected bank fraud by Kindambu, who fraudulently applied for and received two CARES Act Paycheck Protection Program loans and spent much of the proceeds on items unrelated to legitimate PPP expenses. It argues that premature disclosure of the charges would jeopardize the safety of the arresting officers, and asks that the complaint, warrant, motion and proposed order stay sealed until the arrest. Signed by Assistant U.S. Attorney Matthew Burke for U.S. Attorney G. Zachary Terwilliger.

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Case 1:20-mj-00286-MSN Document5 Filed 10/16/20 Page 1 of 3 PagelD# 13

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA

Alexandria Division

UNITED STATES OF AMERICA

Case No. 1:20-MJ-286
Vv.

DIDIER KINDAMBU FILED UNDER SEAL

GOVERNMENT’S MOTION TO SEAL COMPLAINT AND
ARREST WARRANT PURSUANT TO LOCAL RULE 49(B)

The United States, by and through undersigned counsel, purspuant to Local Rule 49(B) of
the Local Criminal Rules for the United States District Court for the Eastern District of Virginia,
asks for an Order to Seal the complaint and arrest warrant in this case until the defendant in this
case is arrested.

1. REASONS FOR SEALING (Local Rule 49(B)(1))

1. IRS CI is conducting an investigation into a suspected bank fraud scheme being
perpetrated by DIDIER KINDAMBU. As set forth in more detail in the affidavit in support of
the proposed complaint, the investigation has found substantial evidence that KINDAMBU has
fraudulently applied for and then received two loans under the CARES Act Paycheck Protection
Program (“PPP”), and then used a substantial portion of the fraud proceeds on items unrelated to
legitimate PPP expenses.

2. Premature disclosure of the charges against the defendant in this investigation
would jeopardize the safety of the arresting officers. Disclosure of the complaint and arrest
warrant would provide the defendant with advanced notice of the charges against him, and the

fact that the defendant’s arrest is imminent.
Case 1:20-mj-00286-MSN Document5 Filed 10/16/20 Page 2 of 3 PagelD# 14

Il. | REFERENCES TO GOVERNING CASE LAW (Local Rule 49(B)(2))

3. The Court has the inherent power to seal charging documents and arrest warrants.
See United States v. Wuagneux, 683 F.2d 1343, 1351 (11th Cir. 1982); State of Arizona v.
Maypenny, 672 F.2d 761, 765 (9th Cir. 1982); Times Mirror Company v. United States, 873 F.2d
1210 (9th Cir. 1989); see also Shea v. Gabriel, 520 F.2d 879 (1st Cir. 1975); United States v.
Hubbard, 650 F.2d 293 (D.C. Cir. 1980); In re Braughton, 520 F.2d 765, 766 (9th Cir. 1975).
“The trial court has supervisory power over its own records and may, in its discretion, seal
documents if the public’s right of access is outweighed by competing interests.” Jn re Knight
Pub. Co., 743 F.2d 231, 235 (4th Cir. 1984). Sealing the complaint and arrest warrant is
appropriate where there is a substantial probability that the release of the sealed documents
would compromise the government’s on-going investigation severely. See, e.g., In re Search
Warrant for Secretarial Area Outside Office of Gunn, 855 F.2d 569, 574 (8th Cir. 1988); Matter
of Eye Care Physicians of America, 100 F.3d 514, 518 (7th Cir. 1996); Matter of Flower
Aviation of Kansas, Inc., 789 F.Supp. 366 (D. Kan. 1992).

IW. PERIOD OF TIME GOVERNMENT SEEKS TO HAVE MATTER REMAIN
UNDER SEAL (Local Rule 49(B)(3))

4. The complaint and arrest warrant would need to remain sealed until
the defendant is arrested.

5. Upon the arrest of the defendant, pursuant to Local Rule 49(B)(3), the sealed
materials will be automatically unsealed and handled as such.

6. The United States has considered alternatives less drastic than sealing and has
found none that would suffice to protect this investigation. The United States will move to unseal
the documents before they are set to become automatically unsealed if it determines that

circumstances warrant such action.
Case 1:20-mj-00286-MSN Document5 Filed 10/16/20 Page 3 of 3 PagelD# 15

7. The United States further respectfully requests that (1) a copy of the complaint be

provided to those law enforcement officials involved in the prosecution of this case; and (2) a

copy of the sealed arrest warrant shall be made available to agents of IRS CI, the SBA OIG, and

the FDIC OIG for execution of the same.

WHEREFORE, the United States respectfully requests that the complaint, arrest warrant,

and this Motion to Seal and proposed Order be sealed until the defendant in this case is arrested.

Respectfully submitted,

G. Zachary Terwilliger

United States Attorney
Digitally signed by

13:23:24 -04'00!

Matthew Burke

Assistant United States Attorney

2100 Jamieson Ave.

Alexandria, VA 22314

(703) 299-3927


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