Stipulation to Extend Deadlines to Conduct Preliminary Hearing and File Indictment (First Request) — United States v. Karen Chapon, No. 2:20-mj-00664-BNW (Dkt. 11, D. Nev.)

Summary

In this first request, dated August 17, 2020, Justice Department Fraud Section and District of Nevada prosecutors and Lisa Rasmussen, counsel for Karen Chapon, aka Karen Hannafious, stipulated to vacate the preliminary hearing set for August 26, 2020 and reschedule it no sooner than 60 days later, extending the deadlines to hold a preliminary hearing and to file an indictment in Case No. 2:20-mj-00664-BNW. The parties state that the defense needs time to review the government's information, investigate potential defenses and advise on plea negotiations, and that Chapon, out of federal custody, agrees to exclude the time from the August 12, 2020 initial appearance. The attached order form in the name of Magistrate Judge Brenda N. Weksler, dated the 21 day of August, 2020, continues the hearing to 10/26/2020 at 11:30 a.m.

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Case
Case2:20-mj-00664-BNW
2:20-mj-00664-BNW Document
Document 7
11 Filed
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1 ROBERT ZINK
Chief, Fraud Section
2 BLAKE GOEBEL
Trial Attorney
3 U.S. Department of Justice
Criminal Division, Fraud Section
4 1400 New York Ave. NW
Washington, D.C., 20005
5 (202) 616-5010
Blake.Goebel@usdoj.gov
6
NICHOLAS A. TRUTANICH
7 United States Attorney
District of Nevada
8 Nevada Bar Number 13644
JESSICA OLIVA
9 Assistant United States Attorney
501 Las Vegas Blvd. South, Suite 1100
10 Las Vegas, Nevada 89101
(702) 388-6268
11 Jessica.Oliva@.usdoj.gov

12 Attorneys for the United States

13 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
14
UNITED STATES OF AMERICA, Case No. 2:20-mj-00664-BNW-00059-
15 VCF0000-XXX
Plaintiff, Stipulation to Extend Deadlines to
16 Conduct Preliminary Hearing and
v. File Indictment (First Request)
17
KAREN CHAPON,
18 aka “Karen Hannafious,”

19 Defendant.

21 IT IS HEREBY STIPULATED AND AGREED, by and between Robert Zink,

22 Chief, Fraud Section, United States Department of Justice, Blake Goebel, Trial Attorney,

23 Nicholas A. Trutanich, United States Attorney, and Jessica Oliva, Assistant United States

24 Attorney, counsel for the United States of America, and Lisa Rasmussen, Esq., counsel for

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1 Defendant Karen Chapon, aka Karen Hannafious, that the Court vacate the preliminary

2 hearing scheduled for August 26, 2020, at 3:00 p.m. and reschedule the hearing for a date

3 and time convenient to this Court, but no sooner than 60 days from the currently scheduled

4 date. This request requires that the Court extend two deadlines: (1) that a preliminary

5 hearing be conducted within 21 days of a released defendant’s initial appearance, see Fed. R.

6 Crim. P. 5.1(c); and (2) that an information or indictment be filed within 30 days of a

7 defendant’s arrest, see 18 U.S.C. § 3161(b).

8 This stipulation is entered into for the following reasons:

9 1. Under Federal Rule of Criminal Procedure 5.1(c), the Court “must hold the

10 preliminary hearing within a reasonable time, but . . . no later than 21 days [after the initial

11 appearance] if [the defendant is] not in custody . . . .”

12 2. However, under Rule 5.1(d), “[w]ith the defendant’s consent and upon a

13 showing of good cause—taking into account the public interest in the prompt disposition of

14 criminal cases—a magistrate judge may extend the time limits in Rule 5.1(c) one or more

15 times . . . .”

16 3. Furthermore, under the Speedy Trial Act, 18 U.S.C. § 3161(b), “[a]ny

17 information or indictment charging an individual with the commission of an offense shall be

18 filed within thirty days from the date on which such individual was arrested or served with a

19 summons in connection with such charges. If an individual has been charged with a felony

20 in a district in which no grand jury has been in session during such thirty-day period, the

21 period of time for filing of the indictment shall be extended an additional thirty days.”

22 4. Defendant needs additional time to review information provided by the

23 government and investigate potential defenses.

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1 5. Moreover, the parties have entered into negotiations in an attempt to

2 promptly resolve this case and reduce the judicial and government resources required by

3 this case. The defense requires additional time to adequately advise Defendant regarding

4 any plea negotiations.

5 6. The additional time requested herein is not sought for the purposes of delay,

6 but to allow counsel for Defendant sufficient time to effectively and thoroughly research and

7 prepare and to determine whether to proceed with a preliminary hearing and indictment or

8 to resolve this case through negotiations.

9 7. Accordingly, the parties jointly request that the Court schedule the

10 preliminary hearing in this case no sooner than 60 days from the currently scheduled date.

11 8. Defendant is out of federal custody, agrees to the extension of the 21-day

12 deadline imposed by Rule 5.1(c) and the deadline imposed by 18 U.S.C. § 3161(b), waives

13 any right to remedies under Rule 5.1(c) or 18 U.S.C. § 3161(b), and requests that the time

14 between Defendant’s initial appearance on August 12, 2020, and the rescheduled

15 preliminary hearing be excluded in computing the time within which an information or

16 indictment must be filed under 18 U.S.C. §3161(b).

17 9. The parties agree to the extension of these deadlines.

18 10. Accordingly, the additional time requested by this stipulation is (a) allowed

19 under Federal Rule of Criminal Procedure 5.1(d); and (b) excludable in computing the time

20 within which the defendant must be indicted and the trial herein must commence pursuant

21 to the Speedy Trial Act, 18 U.S.C. § 3161(b) and (h)(7)(A), considering the factors under 18

22 U.S.C. § 3161(h)(7)(B)(i) and (iv).

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1 11. This is the first request for an extension of the deadlines by which to conduct

2 the preliminary hearing and to file an indictment.

3 DATED this 17th day of August, 2020.

4 Respectfully submitted,

5
NICHOLAS A. TRUTANICH
6 United States Attorney

7 _/s/ Lisa Rasmussen _/s/ Jessica Oliva
LISA RASMUSSEN, ESQ. JESSICA OLIVA
8 Counsel for Defendant Assistant United States Attorney
KAREN CHAPON
9

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1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA

3 UNITED STATES OF AMERICA, Case No. 2:20- mj-00664-BNW

4 Plaintiff, [Proposed] Order on Stipulation to
Continue Preliminary Hearing and
5 v. Deadline to Indict Defendant

6 KAREN CHAPON,
aka “Karen Hannafious,”
7
Defendant.
8

10 Based on the stipulation of counsel, good cause appearing, and the best interest of

11 justice being served; the time requested by this stipulation being excludable in computing

12 the time within which the defendant must be indicted and the trial herein must commence

13 pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(b) and (h)(7)(A), and Federal Rule of

14 Criminal Procedure 5.1, considering the factors under 18 U.S.C. § 3161(h)(7)(B)(i) and (iv):

15 IT IS THEREFORE ORDERED that the preliminary hearing currently scheduled
10/26/2020 at
for August 26, 2020 at the hour of 3:00 p.m., be vacated and continued to ___________
16
11:30 a.m.
17 the hour of ___________.

18 DATED this ___
21 day of August, 2020.

20 HONORABLE BRENDA N. WEKSLER
UNITED STATES MAGISTRATE JUDGE
21

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