Order — United States v. Elliot Sterling, No. 20-00052-BAJ-RLB (Dkt. 75, M.D. La.)

Summary

An order in United States v. Elliot Sterling, No. 20-00052-BAJ-RLB, in the Middle District of Louisiana, signed at Baton Rouge in June 2021. It recounts that a grand jury returned a fourteen-count indictment on August 3, 2020 alleging wire fraud, financial aid fraud and money laundering, and that the defendant filed motions in May 2021 to set trial, for exculpatory evidence and to limit discovery. At a May 20, 2021 status conference the government said it had produced, or would shortly produce, its discovery and agreed to give Giglio material by May 27, 2021; it said it had reviewed about seventy PowerPoint slides identifying fifty key documents with the defendant in a reverse proffer. Finding no showing that the government failed its discovery obligations, the Court denies the motions and terminates the trial-setting motion (Doc. 51) as moot. Trial is set to begin August 16, 2021.

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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

UNITED STATES OF AMERICA CRIMINAL ACTION

VERSUS

ELLIOT STERLING NO.20-00052-BAJ-RLB

ORDER

On August 3, 2020, the Federal Grand Jury returned a fourteen-count
Indictment against Defendant Elliot Sterling alleging violations of wire fraud,
financial aid fraud, and money laundering. See (Doc. 1). On May 12, 2021, Defendant
filed a Motion to Set Trial on the Merits. (Doc. 51). On May 13, 2021, Defendant filed
a Motion for the Production of Exculpatory and Mitigating Evidence (Doc. 52). On
May 17, 2021, Defendant filed a Motion for Relevance, requesting that the Court limit
the amount of discovery to evidence that is only relevant to the charging document.
(Doc. 58).

The Court held a status conference on May 20, 2021 to discuss the motions.
(Doc. 60). There, the Government represented to the Court that it had produced, or
would shortly be producing, all discovery that it intends to use in its case in chief.
The Government also contended, and Defendant did not oppose, that it complied with
its obligations under Brady v. Maryland, 373 U.S. 83 (1968). While not required by
law, the Government agreed that it would produce any expert witnesses,
impeachment evidence, or material required to be disclosed under Giglio v. United

States, 405 U.S. 150 (1972) by Thursday, May 27, 2021. The Court also encouraged
1
the Government to produce any Jencks Act, 18 U.S.C. § 3500, material at least ten
days before trial, although it is not required to disclose such statements until after
the witness testifies at trial.

At the status conference, Defendant also indicated that he did not understand
why the Government had produced such a large volume of evidence and disputed the
assertion that all the evidence was relevant. The Government conveyed to the Court
that Defendant had previously participated in a four hour “reverse proffer” with the
Government when he was represented by Counsel. At this meeting, the Government
reviewed approximately seventy PowerPoint slides that identified fifty key
documents and other relevant evidence the Government intended to introduce at
trial. The Government offered to participate in another reverse proffer with
Defendant on at least two occaisions before the Court, but the Defendant has rejected
its offer. Other than the volume of evidence, Defendant did not identify any
documents or materials he believes are not relevant. Because Defendant has not
demonstrated that the Government has not complied with its discovery obligations,
Defendant’s Motions are DENIED.

The Court also set the relevant trial dates and deadlines at the status
conference.! Therefore, Defendant’s Motion for Trial setting is MOOT.

Accordingly,

IT IS ORDERED that Defendant’s Motions (Docs, 52, 53) are DENIED.

1 The pretrial conference shall occur on June 30, 2021 at 3:00 p.m. in Courtroom 2. Jury
selection shall occur on August 12, 2021 and August 18, 2021. Trial shall begin on
August 16, 2021.
IT IS FURTHER ORDERED that Defendant’s Motion for Trial Setting

(Doc. 51) is TERMINATED as moot.

st
Baton Rouge, Louisiana, this a day of June, 2021

JUDGE BRIAN Aj JACKSON
UNITED STATES ICT COURT
MIDDLE DISTRICT OF LOUISIANA


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