Motion to Dismiss Counts 2 and 3 of Indictment Against Defendants Mark Scott Grenon and Joseph Timothy Grenon — No. 1:21-cr-20242 (Dkt. 169, S.D. Fla.)

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A Motion to Dismiss Counts 2 and 3 of Indictment Against Defendants Mark Scott Grenon and Joseph Timothy Grenon, Document 169 filed June 28, 2023 in the Southern District of Florida (Case 1:21-cr-20242-CMA), signed by Assistant U.S. Attorney Michael B. Homer for U.S. Attorney Markenzy Lapointe. Under Rule 48(a), the United States asks to dismiss without prejudice the two counts of criminal contempt under 18 U.S.C. § 401(3) against these two defendants only, as required by Colombia's extradition decisions and the 1979 Extradition Treaty with Colombia. The April 22, 2021 indictment also charged conspiracy under 18 U.S.C. § 371 in Count 1. Colombia granted extradition on Count 1 but denied it on Counts 2 and 3 on dual criminality grounds. A proposed order is attached.

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“Motion to Dismiss Counts 2 and 3 of Indictment Against Defendants Mark Scott Grenon and Joseph Timothy Grenon — No. 1:21-cr-20242 (Dkt. 169, S.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-to-dismiss-counts-2-and-3-of-indictment-against-defendants-mark-16e7caafa9/, SHA-256 007ebdd95058e9474e3fb78f026197f1cd3fd641f928d5feb78a4f7a25edf69b.

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Case 1:21-cr-20242-CMA Document 169 Entered on FLSD Docket 06/28/2023 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 21-20242-CR-ALTONAGA/TORRES

UNITED STATES OF AMERICA

MARK SCOTT GRENON and
JOSEPH TIMOTHY GRENON,

Defendants.
__________________________________/

MOTION TO DISMISS COUNTS 2 AND 3 OF INDICTMENT AGAINST
DEFENDANTS MARK SCOTT GRENON AND JOSEPH TIMOTHY GRENON

The United States of America, through undersigned counsel, hereby respectfully requests

that pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the Court allow the United

States to dismiss without prejudice Counts 2 and 3 of the Indictment against defendants Mark Scott

Grenon and Joseph Timothy Grenon, and only these defendants, as required by the Extradition

Decisions of the Republic of Colombia with respect to these defendants, and the obligations of the

United States under the Extradition Treaty with the Republic of Colombia, U.S.-Colom., Sept. 14,

1979, S. TREATY DOC. NO. 97-8 (1981) (the “Colombian Extradition Treaty”).

On April 22, 2021, defendants Mark and Joseph Grenon, along with co-defendants

Jonathan David Grenon and Jordan Paul Grenon, were indicted by a federal grand jury in the

Southern District of Florida with one count of Conspiracy to Defraud and to Commit Offenses

Against the United States, in violation of 18 U.S.C. § 371 (Count 1), and two counts of Criminal

Contempt, in violation of 18 U.S.C. § 401(3) (Counts 2-3). Mark and Joseph Grenon were detained

in Colombia at the request of the United States, and the United States thereafter submitted a formal

extradition request.
Case 1:21-cr-20242-CMA Document 169 Entered on FLSD Docket 06/28/2023 Page 2 of 3

Although Mark and Joseph Grenon are United States citizens with deep ties to the United

States, where they committed the alleged crimes, they opposed the government’s request that they

be extradited back to the United States to stand trial. The Republic of Colombia granted the

extradition of these defendants for Count 1, but denied extradition for Counts 2 and 3. (D.E. 163,

Exs. 1-2 (Extradition Decision with respect to Mark Grenon), 5-6 (Extradition Decision with

respect to Joseph Grenon).) The Republic of Colombia denied extradition for these counts on dual

criminality grounds, without addressing whether the defendants were guilty of criminal contempt.

Therefore, the United States now moves the Court to allow the United States to dismiss

Counts 2 and 3 against these defendants without prejudice, as the Colombian Extradition Treaty

precludes the United States from prosecuting or punishing these defendants for charges for which

extradition was denied. A proposed Order for Dismissal is attached hereto as Exhibit 1.

Respectfully submitted,

MARKENZY LAPOINTE
UNITED STATES ATTORNEY

BY: /s/ Michael B. Homer
MICHAEL B. HOMER
Assistant United States Attorney
Court ID No. A5502497
99 Northeast 4th Street
Miami, Florida 33132-2111
Telephone: 305-961-9289
Michael.Homer@usdoj.gov

JOHN C. SHIPLEY
Assistant United States Attorney
Senior Counsel to the Criminal Division
FL Bar No. 0069670
99 Northeast 4th Street
Miami, Florida 33132-2111
Telephone: 305-961-9111
John.Shipley@usdoj.gov

2
Case 1:21-cr-20242-CMA Document 169 Entered on FLSD Docket 06/28/2023 Page 3 of 3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on June 28, 2023, I caused a true and correct copy of the

foregoing to be delivered via Certified Mail to pro se Defendants Jonathan David Grenon, Jordan

Paul Grenon, and Joseph Timothy Grenon at the Miami Federal Detention Center, Inmate

Mail/Parcels, Post Office Box 019120, Miami, Florida 33101.

/s/ Michael B. Homer
MICHAEL B. HOMER
Assistant United States Attorney

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