United States’ Motion for Alternative Victim Notification under 18 U.S.C. 3771(d)(2) — No. 2:23-cr-00325 (Dkt. 8, N.D. Ala.)

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United States' Motion for Alternative Victim Notification under 18 U.S.C. 3771(d)(2), Document 8 in Case No. 2:23-cr-00325-MHH-GMB in the Northern District of Alabama, Southern Division, filed 09/11/23. The indictment charges the defendant with one count of conspiracy to commit wire and bank fraud under 18 U.S.C. 1349, four counts of wire fraud under 18 U.S.C. 1343 and six counts of bank fraud under 18 U.S.C. 1344, alleging a scheme to sell stolen or fraudulent checks on a Telegram channel called Work Related Slips. Because the government estimates more than 1,500 individuals, businesses and non-profits across the country had checks posted for sale, it asks the Court to find individual notice impracticable and to allow one written notification directing victims to a case page on the district's website.

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      Case 2:23-cr-00325-MHH-GMB Document 8 Filed 09/11/23 Page 1 of 5                   FILED
                                                                                2023 Sep-11 PM 04:34
                                                                                U.S. DISTRICT COURT
                                                                                    N.D. OF ALABAMA


             IN THE UNITED STATES DISTRICT COURT FOR
                THE NORTHERN DISTRICT OF ALABAMA
                        SOUTHERN DIVISION

UNITED STATES OF AMERICA                 )
                                         )
       v.                                )         Case No.
                                         )         2:23-cr-00325-MHH-GMB
MEKHI DIWONE HARRIS,                     )
   also known as “01ihk,”                )
   “01ihk1,” and “Khi,”                  )


        UNITED STATES’ MOTION FOR ALTERNATIVE VICTIM
             NOTIFICATION UNDER 18 U.S.C. 3771(d)(2)

      The United States of America, by and through its counsel, Prim F. Escalona,

United States Attorney, and Edward J. Canter, Assistant United States Attorney,

hereby respectfully moves this Court, pursuant to Title 18, United States Code,

Section 3771(d)(2), for authorization to employ the victim notification procedures

described below, in lieu of those prescribed by section 3771(a), (b) and (c), on the

grounds that the number of crime victims in this case makes it impracticable to

accord all of the crime victims the rights described in subsection 3771(a).

      The Crimes Victims’ Rights Act (“the Act”), codified at 18 U.S.C. § 3771,

provides certain rights to victims in federal criminal proceedings. Among these

rights is the right to “reasonable, accurate, and timely notice” of public court

proceedings. 18 U.S.C. § 3771(a). The Act requires “[o]fficers and employees of the

Department of Justice and other departments and agencies of the United States
      Case 2:23-cr-00325-MHH-GMB Document 8 Filed 09/11/23 Page 2 of 5




engaged in the detection, investigation and prosecution of crime make their best

efforts to see that crime victims are notified of, and accorded, the rights described in

subsection [3771](a),” 18 U.S.C. § 3771(c)(1), and it instructs the Court to “ensure

that the crime victim is afforded” those rights. 18 U.S.C. § 3771(b). The Act defines

a crime victim as “a person directly and proximately harmed as a result of the

commission of a Federal offense . . .” 18 U.S.C. § 3771(e). Importantly, the Act

recognizes that for crimes involving multiple victims, the Court has discretion to

adopt procedures to accord victim rights without unduly interfering with the criminal

proceedings. Thus, 18 U.S.C. § 3771(d)(2) provides:

      In a case where the court finds that the number of crime victims makes
      it impracticable to accord all of the crime victims the rights described
      in subsection (a), the court shall fashion a reasonable procedure to give
      effect to this chapter that does not unduly complicate or prolong the
      proceedings.

The Act places no limitations on the alternative procedures which a Court may

fashion, other than that the procedures be reasonable to effectuate the Act and that

they not unduly complicate or prolong the proceedings. Id.

      The Indictment charges the defendant, Mekhi Diwone Harris, with one count

of conspiracy to commit wire and bank fraud, in violation of 18 U.S.C. § 1349; four

counts of wire fraud, in violation of 18 U.S.C. § 1343; and six counts of bank fraud,

in violation of 18 U.S.C. § 1344. The Indictment alleges that the defendant

participated in a scheme to sell stolen or otherwise fraudulent checks on a Telegram
      Case 2:23-cr-00325-MHH-GMB Document 8 Filed 09/11/23 Page 3 of 5




channel called “Work Related Slips.” The victims include individuals,

municipalities, utilities, churches, nursing homes, schools, non-profit groups, and

businesses across the country. The Government currently estimates that more than

1,500 individuals, business, and non-profits had stolen checks that were posted for

sale on the “Work Related Slips” Telegram channel, and those checks were drawn

on bank accounts at dozens of financial institutions.

      Such a large number of victims makes compliance with the notification

requirements outlined in section 3771(a), (b) and (c) impracticable. Neither the

government nor the Court has the resources to accord all of the victims in this case

the notice required by subsection 3771(a). Therefore, the Government intends to use

an alternative mechanism for informing victims in accordance with 18 U.S.C. §

3771(d)(2). The government intends to send one written notification to all potential

victims, which will provide the victims with a website link established on the

Northern District of Alabama webpage to direct victims to case-specific information,

which will be updated throughout the case to include notice of all public hearings

and other victim notifications as required by statute. The website link will be

https://www.justice.gov/usao-ndal/victim-witness-assistance-program.
      Case 2:23-cr-00325-MHH-GMB Document 8 Filed 09/11/23 Page 4 of 5




                                  CONCLUSION

      Based on the foregoing, the Government requests that the Court grant the

motion for alternative victim notification procedures as set forth in this motion.

                                            Respectfully submitted,

                                            /s/ Edward J. Canter
                                            Edward J. Canter
                                            Assistant U.S. Attorney
                                            1801 Fourth Avenue N
                                            Birmingham, Alabama 35213
      Case 2:23-cr-00325-MHH-GMB Document 8 Filed 09/11/23 Page 5 of 5




                         CERTIFICATE OF SERVICE

      I certify that on September 11, 2023, a true and correct copy of the foregoing

document was transmitted electronically using the CM/ECF system, which

automatically sends notice and a copy of the filing to all counsel of record.


                                            /s/ Edward J. Canter
                                            Edward J. Canter
                                            Assistant U.S. Attorney


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