Case 3:24-cr-30153-DWD Document 52 Filed 03/19/25 Page 1 of 3 Page ID #150
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) Case No. 24-cr-30153-DWD
)
RICHARD SCOTT MYERS, et al., )
)
Defendants. )
MEMORANDUM & ORDER
DUGAN, District Judge:
On November 20, 2024, Defendants were charged in a thirteen Count indictment.
(Doc. 1). Count One charges Defendants with conspiracy to commit wire fraud in
violation of 18 U.S.C. § 1349. Counts Two and Three charge Defendants with wire fraud
in violation of 18 U.S.C. § 1343. Count Four charges Myers and Howard with making a
false statement in violation of 18 U.S.C. § 1001(a)(2). Count Five charges Myers with
engagement in monetary transaction in fund derived from specified unlawful activity in
violation of 18 U.S.C. § 1957. Counts Six, Seven and Eight charge Myers with bankruptcy
fraud in violation of 18 U.S.C. § 152(3). Count 9 charges Howard with bankruptcy fraud
in violation of 18 U.S.C. § 152(3). Count 10 charges Howard with bankruptcy fraud in
violation of 18 U.S.C. § 152(2). Counts 11, 12, and 13 charge Howard with willful failure
to pay over taxes in violation of 26 U.S.C. § 7202.
Defendants have filed a joint motion requesting that this Court find this case to be
complex within the meaning of 18 U.S.C. § 3161(h)(7)(B)(ii). In support thereof, the
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motion explains that Defendants are charged in a lengthy indictment alleging numerous
offenses, including a conspiracy involving all Defendants. Counsel have received initial
discovery which is extremely voluminous. Additionally, Defendants contend that the
case presents novel questions of law and fact. The Government concurs with this
assessment.
Under most circumstances, the Speedy Trial Act requires that trials commence
“within seventy days from … the date the defendant has appeared before a judicial officer
of the court in which [a] charge is pending.” 18 U.S.C. § 3161(c)(1). The seventy-day
period can be tolled for a variety of reasons, including where the Court finds that the
ends of justice so require because a case is so unusual or so complex that adequate
preparation cannot reasonably occur within the established time limits. See 18 U.S.C. §
3161(h)(7)(A) and (B)(ii).
Based on the Parties’ representations and pursuant to 18 U.S.C. § 3161(h)(7)(B)(ii),
the Court FINDS that this case is so unusual or so complex due to the number of
defendants, the nature of the charges, and the existence of novel questions of fact or law
that it is unreasonable to expect adequate preparation for pretrial proceedings and for the
trial itself to occur within the time limits established by 18 U.S.C. § 3161. The Court further
FINDS that the ends of justice served by allowing additional time to conduct pretrial
proceedings and to prepare for trial outweigh the best interest of the public and the
defendants in a speedy trial.
For all these reasons, the Court GRANTS the Defendants’ motion for designation
of matter as a complex case (Doc. 51). The previously set pretrial motion deadlines and
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jury trial dates are VACATED and will be CONTINUED by approximately seven
months. 1 The period of delay resulting from this continuance shall be excluded for
purposes of the Speedy Trial Act. The Court will enter a separate order resetting the final
pretrial motion deadline and the trial setting.
SO ORDERED.
Dated: March 19, 2025
______________________________
DAVID W. DUGAN
United States District Judge
1
Defendants indicate that the case should be continued until, at least, the Fall of 2025.
3