Docket No. 3:20-CR-00435-FDW-DCK — No. 3:20-cr-00435 (Dkt. 108, W.D.N.C.)

Summary

An order of the U.S. District Court for the Western District of North Carolina, Charlotte Division, in United States v. Izzat Freitekh, et al., Docket No. 3:20-CR-00435-FDW-DCK, entered as Document 108 of 2 pages and signed March 7, 2022. It rules on motions to quash trial subpoenas issued to former defense counsel Christopher Fialko and Preston Odom, filed at Doc. Nos. 71, 73, 76, 77 and 79. For reasons stated at a hearing on February 24, 2022 at 9:00 a.m., the Court grants Izzat Freitekh's motion to adopt his co-defendant's motion, grants in part with modification the Fialko motions to the extent they seek to narrow the subpoena and otherwise denies them, and denies the Odom motions. The subpoenas are limited to questions on whether counsel represented the defendant, received the documents at issue and altered them before providing them to the Government.

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                          UNITED STATES DISTRICT COURT
                       WESTERN DISTRICT OF NORTH CAROLINA
                               CHARLOTTE DIVISION
                         DOCKET NO. 3:20-CR-00435-FDW-DCK


 UNITED STATES OF AMERICA,                      )
                                                )
               Plaintiff,                       )
                                                )
        vs.                                     )                      ORDER
                                                )
 IZZAT FREITEKH, et al.,                        )
                                                )
               Defendants.                      )
                                                )

       THIS MATTER is before the Court on the following motions: (1) Defendant Tarik Freitekh’s

Motion to Quash Subpoena of Former Defense Counsel Christopher Fialko, (Doc. No. 71); (2)

Fialko’s Motion to Quash or Modify Trial Subpoena, (Doc. No. 73); (3) Defendant Izzat Freitekh’s

Motion to Adopt Tarik’s Motion to Quash Subpoena of Fialko, (Doc. No. 76); (4) Izzat’s Motion

to Quash Subpoena Issued to Former Defense Counsel Preston Odom, (Doc. No. 77); and (5)

Odom’s Motion to Quash Subpoena, (Doc. No. 79).

       For the reasons stated in open court at the hearing held on February 24, 2022, at 9:00 a.m.,

IT IS THEREFORE ORDERED that the Court GRANTS Izzat’s Motion to Adopt Motion of Co-

Defendant, (Doc. No. 76); GRANTS IN PART WITH MODIFICATION the remaining Fialko

Motions, (Doc. Nos. 71, and 73), to the extent the Motions seek modification of the subpoena, as

set forth below, and otherwise DENIES IN PART the Fialko Motions; and DENIES the Odom

Motions, (Doc. Nos. 77 and 79). The trial subpoenas issued to Fialko and Odom shall be limited

as follows:

   1. Did you previously represent [Defendant] in this case?

   2. During that representation, did you receive [the documents at issue] that you provided to




     Case 3:20-cr-00435-FDW-DCK Document 108 Filed 03/08/22 Page 1 of 2
   the Government on [date]?

3. What is the name of the person who gave you the [documents at issue]?

4. Were these documents provided to the Government for [reciprocal discovery/in connection

   with a proffer interview]?

5. Did you alter the [documents at issue] in any way before providing them to the

   Government?

   IT IS SO ORDERED.




                                Signed: March 7, 2022




  Case 3:20-cr-00435-FDW-DCK Document 108 Filed 03/08/22 Page 2 of 2


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