Motion to Continue Sentencing — No. 2:21-cr-00520 (Dkt. 220, D. Utah)

Summary

A motion to continue sentencing, filed September 16, 2024 as Document 220 in United States v. Allison Marie Baver, Case No. 2:21-cr-00520-1, in the U.S. District Court for the District of Utah, before Judge Jill Parrish. The Federal Public Defender asks the court to continue the sentencing hearing set for October 15, 2024 for 90 days. The motion states that an earlier continuance was requested on August 8, 2024 after the defense learned of a complaint lodged with the D.C. Bar against the prosecutor, that an assistant U.S. attorney was agreed on to conduct a third-party review of discovery, and that the continuance would allow the government to respond to a further third-party review request.

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“Motion to Continue Sentencing — No. 2:21-cr-00520 (Dkt. 220, D. Utah).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-to-continue-sentencing-no-2-21-cr-00520-dkt-220-d-utah-659c561347/, SHA-256 fef4e08eccf1b38ce5d23b3fafdfd596cfb8ab699c9769d89c5650403021588f.

Full text

Case 2:21-cr-00520-JNP Document 220 Filed 09/16/24 PageID.3366 Page 1 of 4

SCOTT KEITH WILSON, Federal Public Defender (#7347)
KRISTEN R. ANGELOS, Assistant Federal Defender (#8314)
ROBERT K. HUNT, Assistant Federal Defender (#5722)
OFFICE OF THE FEDERAL PUBLIC DEFENDER
DISTRICT OF UTAH
Attorneys for Defendant
46 West Broadway, Suite 110
Salt Lake City, Utah 84101
Telephone: (801) 524-4010
Email: kris_angelos@fd.org and robert_hunt@fd.org

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH

UNITED STATES OF AMERICA, MOTION TO CONTINUE
SENTENCING
Plaintiff,

ALLISON MARIE BAVER, Case No. 2:21-cr-00520-1

Defendant. Honorable Judge Jill Parrish

Defendant Allison Marie Baver (“Ms. Baver”), by and through counsel, Kristen R.

Angelos, and Robert K. Hunt, moves this Court for an order continuing the sentencing hearing

currently set for October 15, 2024, for a period of 90 days. In support, Ms. Baver states the

following:

1) On August 8, 2024, Mr. Baver requested a continuance of her sentencing after recently

learning that the District of Columbia, Board of Professional Responsibility (Washington

D.C. Bar), had lodged a complaint against Assistant United States Attorney Jennifer

Muyskens, for ethical violations involving her prosecutorial duties. Ms. Baver requested
Case 2:21-cr-00520-JNP Document 220 Filed 09/16/24 PageID.3367 Page 2 of 4

the continuance to determine whether there were additional motions that should be filed

as a result of this new information. The Court granted Ms. Baver’s request and set the

current sentencing hearing date of October 15, 2024.

2) Shortly after this continuance was granted, Scott Wilson, Utah Federal Public Defender,

began engaging with Trina Higgins, United States Attorney, District of Utah, asking for a

third-party review of Ms. Baver’s matter by an Assistant United States Attorney

approved by defense counsel. The parties agreed that Jacob Strain (AUSA Strain),

Assistant United States Attorney, would conduct the third-party review.

3) On August 29, 2024, AUSA Strain informed defense counsel that he had been asked by

Trina Higgins to review discovery in Ms. Baver’s matter to determine whether the United

States Attorney’s Office had satisfied their discovery obligations. AUSA Strain informed

defense counsel that he had accessed and reviewed all of the Certificates of Compliance,

Discovery Indices, the Eclipse Database, the NUIX software database, and their network

system files to verify that the discovery obligations had been met. In conducting his

review, he informed defense counsel that he had utilized a cross-sectional spot audit

approach to randomly select files located on Eclipse or NUIX and then found the

reference file in the NOCs. He informed defense counsel that in all spot audit instances,

the discovery indices matched the software databases. After review, AUSA Strain

indicated that the files represented to the Court as being turned over, were in fact, turned

over.

4) Additionally, AUSA Strain informed defense counsel that he also accessed the network

system case files where agent productions and subpoena responses are staged before they

2
Case 2:21-cr-00520-JNP Document 220 Filed 09/16/24 PageID.3368 Page 3 of 4

are input into discovery production software. Utilizing a cross-sectional spot audit

approach and randomly selected files, he indicated that he randomly selected files and

utilized Eclipse or NUIX to do keyword searches to find those files in the production

software. AUSA Strain informed defense counsel that he was unable to find any files or

records that were required to be turned over in discovery that did not appear in the

production databases.

5) As such, AUSA Strain indicated to defense counsel that after using this review

methodology, he determined that anything that was discoverable was turned over to

defense counsel.

6) On September 11, 2024, after being informed of AUSA Strain’s review, defense counsel

sent a letter to Trina Higgins, United States Attorney, and AUSA Strain requesting the

Government look at three specific issues. First, defense counsel asked the Government to

review Ms. Muyskens conversations with the Small Business Administration’s (SBA)

counsel regarding defense counsel’s Touhy request to have SBA Agent Huyn available

for trial. Second, defense counsel asked the Government to review Ms. Muyskens

conversations with Lendio’s counsel to determine whether additional discovery was

provided to her by Lendio that was not provided to Ms. Baver. Third, defense counsel

inquired whether the IRS was involved in this matter, and if so, was there discovery

obtained by the IRS that was not provided to Ms. Baver. Ms. Baver is aware that IRS

Agent Jeffrey Kirkwood testified at trial regarding where the SBA loan money was spent

after receipt, relying on discovery Ms. Baver’s prior accountant provided to the

Government. Ms. Baver’s requests involves any other discovery the Government

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Case 2:21-cr-00520-JNP Document 220 Filed 09/16/24 PageID.3369 Page 4 of 4

received from the IRS.

With the above in mind, Ms. Baver respectfully requests a continuance of the currently

scheduled sentencing hearing in order to allow the Government to respond to Ms. Baver’s

additional third-party review request and for any subsequent litigation, if necessary.

DATED this 16th day of September 2024.

/s/ Kristen R. Angelos
KRISTEN R. ANGELOS
Assistant Federal Defender

/s/ Robert K. Hunt
ROBERT K. HUNT
Assistant Federal Defender

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