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Court filing — United States v. SCHESSEL (Dkt. 314, D.N.J.)
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Case 2:22-cr-00374-ES Document 314 Filed 08/18/25 Page 1 of 2 PageID: 12006
U.S. Department of Justice
United States Attorney
District of New Jersey
__________________________________________________________________________________________________________________
George L. Brandley 970 Broad Street, 7th Floor
Assistant United States Attorney Newark, New Jersey 07102
(973) 645-2700
GLB/2020R00452
August 18, 2025
The Honorable Esther Salas, U.S.D.J.
Martin Luther King Building
& U.S. Courthouse
50 Walnut Street
Newark, NJ 07102
Re: United States v. Marc Schessel, Crim. No. 22-374 (ES)
Dear Judge Salas:
The Government submits this letter to set forth its position that the
sentencing hearing in this matter—currently scheduled for September 4, 2025—
should proceed. The Government respectfully submits that Acting United States
Attorney Alina Habba and/or the Government attorneys assigned to prosecute this
case are legally authorized to proceed with the Defendant’s sentencing at this
time.
First, Acting United States Attorney Habba was validly appointed under
the Federal Vacancies Reform Act (FVRA) § 3345 et. seq. The FVRA therefore
permits her to “perform the functions and duties of the office” of United States
Attorney “in an acting capacity” for as long as she serves as First Assistant, i.e.,
until the statutory time limits expire, or a permanent officeholder is nominated
and confirmed. 5 U.S.C. § 3345(a)(1).
Second, Acting United States Attorney Habba is, at a minimum,
authorized to supervise this case because the Attorney General validly
appointed her as a Special Attorney under 28 U.S.C. § 515 and directly delegated
to her the authority to supervise all pending prosecutions and other matters
in the United States Attorneys’ Office for the District of New Jersey—including
this matter.
Thank you for your consideration.
Case 2:22-cr-00374-ES Document 314 Filed 08/18/25 Page 2 of 2 PageID: 12007
Respectfully submitted,
TODD W. BLANCHE
U.S. Deputy Attorney General
ALINA HABBA
Acting United States Attorney
Special Attorney
s/George L. Brandley
By: George L. Brandley
Assistant U.S. Attorney
LORINDA LARYEA
Acting Chief, Fraud Section
Criminal Division
/s/ Robert Spencer Ryan
By: Robert Spencer Ryan
Lucy Jennings
Trial Attorneys
U.S. Department of Justice
Cc: James M. Roberts, Esq.
Douglas E. Grover, Esq.
Angela Li, Esq.
(Counsel for Defendant)
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