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Court filing — No. 3:24-cr-30153 (Dkt. 52)

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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
Case 3:24-cr-30153-DWD        Document 52       Filed 03/19/25     Page 2 of 3     Page ID #151




 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

                                               2
Case 3:24-cr-30153-DWD                   Document 52            Filed 03/19/25          Page 3 of 3   Page ID #152




 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


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