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Motion for Leave to File Dismissal per Rule 48(a) by USA as to Carter Lane Lucas — USA v. Lucas (Dkt. 80, D. Utah)

Summary

Motion for Leave to Dismiss Indictment filed November 20, 2024 by the United States in United States v. Lucas, No. 2:23-cr-00405-DBB (Document 80), District of Utah. Under Rule 48(a) of the Federal Rules of Criminal Procedure, it asks for leave to file a dismissal of the Indictment with prejudice. It states that the United States learned, while preparing witnesses for trial, that the Small Business Administration (SBA) could not definitively say it would have denied the Economic Injury Disaster Loan application, and that an SBA witness believed denial would have been unlikely. It states that materiality is an element of the charged crimes and that the United States no longer has a good faith belief it could prove it. The signature block names Trina A. Higgins and Todd C. Bouton.

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Cite this document

“Motion for Leave to File Dismissal per Rule 48(a) by USA as to Carter Lane Lucas — USA v. Lucas (Dkt. 80, D. Utah).” Original at ecf.utd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-for-leave-to-file-dismissal-per-rule-48-a-by-usa-as-to-carter-l-8684f5f892/, SHA-256 6ebbac9127655d290015c81fba3155b60eb1d1188b4b8f35b172d5dfa52445b1.

Full text

Case 2:23-cr-00405-DBB        Document 80       Filed 11/20/24    PageID.572       Page 1 of 2




TRINA A. HIGGINS, United States Attorney (#7349)
TODD C. BOUTON, Assistant United States Attorney (#17800)
SACHIKO J. JEPSON, Special Assistant United States Attorney (#17077)
Attorneys for the United States of America
Office of the United States Attorney
111 South Main Street, Suite 1800
Salt Lake City, Utah 84111-2176
Telephone: (801) 524-5682
Email: todd.bouton@usdoj.gov, sachiko.jepson@usdoj.gov


                     IN THE UNITED STATES DISTRICT COURT
                               DISTRICT OF UTAH


UNITED STATES OF AMERICA,                          Case No. 2:23-cr-00405-DBB

                             Plaintiff,
                                                   MOTION FOR LEAVE TO
v.                                                 DISMISS INDICTMENT

CARTER LANE LUCAS,

                             Defendant.            District Judge David Barlow



       The United States of America, through the undersigned Assistant United States

Attorney, and pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, hereby

moves for leave to file a dismissal of the Indictment with prejudice in the above-captioned

case. This motion is made in the interests of justice based on the facts that the United States

learned, for the first time, today while preparing witnesses for trial, (1) that, despite

defendant’s misrepresentation in his Economic Injury Disaster Loan (“EIDL Loan”)

application that he had never been convicted of a crime other than a minor vehicle violation,
Case 2:23-cr-00405-DBB       Document 80      Filed 11/20/24     PageID.573     Page 2 of 2




the Small Business Administration (“SBA”) could not definitively say that if the SBA had

known that defendant had been convicted of such a crime, the SBA would have denied his

EIDL Loan application after a review process that could have been requested; and (2) an

SBA witness believed that, despite defendant’s particular criminal history, the SBA would

have been unlikely to deny his loan application.

       This information is inconsistent with the information that was previously provided

to the United States by the SBA as reflected in some of the United States’ previous court

filings. Materiality is an element of the charged crimes. Based on the SBA’s admission that

it would have been unlikely that the defendant would have been denied the loan despite his

criminal history, his misrepresentation about his criminal history was not demonstrably

material to the loan decision. Because of these recently discovered facts, the United States

no longer has a good faith belief that it could prove beyond a reasonable doubt that

defendant’s misrepresentations about his lack of criminal history were material to the SBA

in its decision to approve the loan.

       SIGNED this 20th day of November, 2024.

                                                   TRINA A. HIGGINS
                                                   United States Attorney




                                                   ______________________________
                                                   TODD C. BOUTON
                                                   Assistant United States Attorney

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