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Home Source documents Court filing — No. 6:25-mj-01031 (Dkt. 42, M.D. Fla.)

Court filing — No. 6:25-mj-01031 (Dkt. 42, M.D. Fla.)

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Case 6:25-mj-01031-RMN       Document 42     Filed 08/06/25   Page 1 of 5 PageID 165




                      UNITED STATES DISTRICT COURT
                       MIDDLE DISTRICT OF FLORIDA
                           ORLANDO DIVISION

UNITED STATES OF AMERICA

v.                                            CASE NO. 6:25-mj-1031-RMN

CAROLINA AMESTY

              DEFENDANT’S MOTION FOR RECONSIDERATION

      Carolina Amesty, through her undersigned counsel, files this motion for

reconsideration of the Court’s July 22, 2025 order. ECF No. 40 (the “Order”).

                                 INTRODUCTION

      Based on new information, the Court should reconsider its Order extending

the time period by which the government may seek an indictment against Ms.

Amesty. ECF No. 40. On July 28, 2025, the government withdrew the grand jury

subpoenas it referenced as a basis to support its motion seeking an extension of the

time period to seek an indictment. Moreover, we understand that the government

has determined there will be no indictment in this matter. Therefore, based on new

information that was previously unavailable to the Court at the time of its Order, the

Court should reconsider its Order granting an extension of time to seek an

indictment.

                                  BACKGROUND

      On July 21, 2025, the parties convened for a hearing on the government’s

motion for extension of time to file an indictment. ECF No. 25. Ms. Amesty,

although previously joining the government’s motion, withdrew her support for an
Case 6:25-mj-01031-RMN                Document 42         Filed 08/06/25      Page 2 of 5 PageID 166




extension of the time period because defense counsel did not agree with the

government’s representations to the Court. 1 See ECF No. 41 at 11:22–12:6.

          The government represented there were two bases for its requested extension:

(1) the government’s “investigation remains ongoing, due in part to a pending sealed

motion related to grand jury proceedings[;]” and (2) to review the significant

exculpatory material defense counsel provided over seven weeks ago on June 13,

2025. See ECF No. 25. On July 28, 2025, counsel for Ms. Amesty learned that the

government had ceased its criminal investigation related to grand jury proceedings it

referenced in its July 11 filing and withdrew its outstanding subpoenas. We

understand that the government no longer plans to seek an indictment.

                                                 ARGUMENT

          The Court should reconsider its ruling on the government’s motion to extend

the time period to seek an indictment because the bases the government relied on to

seek an extension do not exist. The Federal Rules of Criminal Procedure do not

specifically provide for reconsideration of a ruling, but reconsideration is proper in

criminal cases. United States v. Wise, No. 22-13204, 2023 WL 4446357, at *3 (11th

Cir. July 11, 2023); United States v. Christy, 739 F.3d 534, 539 (10th Cir. 2014). Ms.

Amesty does not seek to “relitigate old matters, raise argument or present evidence

that could have been raised prior to the entry of judgment.” United States v. Martinez,

No. 20-12971, 2021 WL 2878823, at *1 (11th Cir. July 9, 2021) (internal quotation



1
    Ms. Amesty withdraws her written waiver of the speedy indictment deadline. ECF No. 23-1.

                                                      2
Case 6:25-mj-01031-RMN              Document 42          Filed 08/06/25       Page 3 of 5 PageID 167




omitted).2 Instead, identification of new evidence that was previously unavailable is

a proper basis to grant a motion to reconsider. Christy, 739 F.3d at 539. Here, within

one week of the hearing, the circumstances cited by the government for justification

of the extension changed materially. Those changed circumstances—i.e. withdrawal

of the pending grand jury subpoenas at issue and determination that it will not

pursue an indictment—negate the basis for the extension.

        The government’s criminal investigation is not ongoing. The government has

withdrawn the outstanding grand jury subpoenas and, upon information and belief,

the government has ceased its criminal investigation into Ms. Amesty and related

entities. This basis for the Court’s extension of time no longer exists.

        The other basis the government relied on to extend the time period to seek an

indictment was that it is continuing its review of significant exculpatory material that

defense counsel provided over seven weeks ago. The government has had ample

time to evaluate whether an indictment is appropriate. Indeed, defense counsel

understands that due to the significant exculpatory material that was provided to the

government, it no longer intends to seek an indictment against Ms. Amesty.

Therefore, there is no basis to extend the time period to seek an indictment.

        Defense counsel contacted the government three days ago on Sunday, August

3, 2025, to seek its position on this Motion for Reconsideration, but the government

has not responded to either our initial communication or our follow-up


2
 Non-final orders may be reviewed under the Court’s “inherent authority” and under Fed. R. Civ. P. 54(b).
Hornady v. Outokumpu Stainless USA, LLC, 118 F.4th 1367, 1379-80 (11th Cir. 2024).

                                                     3
Case 6:25-mj-01031-RMN       Document 42       Filed 08/06/25   Page 4 of 5 PageID 168




communication yesterday. To the extent that the government plans to seek a civil

resolution of these matters, it would be entirely improper for the government to use a

pending criminal complaint as leverage when it lacks both the intent and the

authority to bring an indictment. Florida Bar Rule 4-3.4(g). The government’s

failure to act justly to dismiss its criminal complaint has now empowered this Court

to take action. We respectfully request that the Court reconsider its Order granting

the government’s motion to extend the indictment period.

                                  CONCLUSION

      Ms. Amesty respectfully requests the Court reconsider the Order and

immediately end the tolling of the time period to seek an indictment.

                                                Respectfully submitted,

                                                By: /s/ Bradley J. Bondi
                                                Bradley Bondi, Esq.
                                                Florida Bar No. 162396
                                                Paul Hastings LLP
                                                2050 M St NW
                                                Washington, DC 20036
                                                Telephone: (202) 551-1701
                                                Facsimile: (202) 318-6601
                                                Email: Bradbondi@paulhastings.com




                                           4
Case 6:25-mj-01031-RMN        Document 42       Filed 08/06/25   Page 5 of 5 PageID 169




U.S. v. CAROLINA AMESTY                            Case No. 6:25-mj-1031-RMN

                            CERTIFICATE OF SERVICE

       I hereby certify that on August 6, 2025, I electronically filed the foregoing with

the Clerk of the Court by using the CM/ECF system which will send a notice of

electronic filing to the following:

       Diane Hu
       Megan Testerman
       Attorneys for government


                                                 By: /s/ Bradley J. Bondi
                                                 Bradley Bondi, Esq.
                                                 Florida Bar No. 162396
                                                 Paul Hastings LLP
                                                 2050 M St NW
                                                 Washington, DC 20036
                                                 Telephone: (202) 551-1701
                                                 Facsimile: (202) 318-6601
                                                 Email: Bradbondi@paulhastings.com




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