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United States v. Reis and Hockridge, N.D. Tex. No. 4:24-cr-00287-O, Doc. 255: Government's opposition to Reis's motions to dismiss (venue; duplicity) (2025-07-21)

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The Government's opposition to defendant Nathan Reis's motions to dismiss, Document 255 in United States v. Nathan Reis (01), No. 4:24-CR-287-O, in the United States District Court for the Northern District of Texas, Fort Worth Division, filed July 21, 2025. The Government opposes Reis's Motion to Dismiss for Improper Venue and his Renewed Motion to Dismiss Count One based on alleged duplicity. It argues that the motions are untimely because the deadline for filing pretrial motions was March 31, 2025, and that the claims are premature. The Government also argues that venue is supported in the Northern District of Texas, and requests that the Court deny both motions.

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“United States v. Reis and Hockridge, N.D. Tex. No. 4:24-cr-00287-O, Doc. 255: Government's opposition to Reis's motions to dismiss (venue; duplicity) (2025-07-21).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/united-states-v-reis-and-hockridge-n-d-tex-no-4-24-cr-00287-o-doc-255-2bfd2d9bb4/, SHA-256 1877fff669934fa8edc91b2e6d22857361367883a00b68bc134ead73a5a610b9.

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Case 4:24-cr-00287-O         Document 255         Filed 07/21/25      Page 1 of 12   PageID 5307



                             UNITED STATES DISTRICT COURT
                              NORTHERN DISTRICT OF TEXAS
                                 FORT WORTH DIVISION

 UNITED STATES OF AMERICA

 v.                                                     No. 4:24-CR-287-O

 NATHAN REIS (01)


  GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTIONS TO DISMISS

        The United States, by and through the undersigned counsel, hereby opposes

 defendant Nathan Reis’s Motion to Dismiss for Improper Venue, Dkt. 247, and Renewed

 Motion to Dismiss Count One based on alleged duplicity, Dkt. 250, and, in support,

 respectfully shows as follows:

 I.     Defendant’s motions should be denied because they are untimely.

        The deadline for filing pretrial motions in this case was March 31, 2025. Dkt. 57.

 On April 5, 2025, this Court permitted Reis’s counsel to withdraw, severed Reis’s trial

 from the trial of his codefendant, and reset Reis’s trial for August 2025. Dkt. 119. On

 April 6, 2025, Reis’s new counsel filed an unopposed motion to extend the remaining

 pretrial deadlines that had not yet passed, including deadlines to designate experts, by

 sixteen weeks to correspond with the continuance of Reis’s trial date. Dkt. 120. On April

 7, 2025, this Court granted Reis’s motion in part, extending the deadlines for expert

 designations and the meet-and-confer for the jury instructions but leaving in place

 deadlines from the previous scheduling order. See Dkt. 121 (“The terms of the Original

 Order shall continue to apply to the extent they are not inconsistent with this order.”).



 Government’s Opposition to Defendant’s Motions to Dismiss – Page 1
Case 4:24-cr-00287-O         Document 255         Filed 07/21/25      Page 2 of 12   PageID 5308



 The Court did not set a new deadline for motions to dismiss, which Reis could have filed

 any time before the March 31, 2025, deadline. Because Reis filed his motion to dismiss

 for lack of venue four months after the deadline, it is untimely and should be denied.

        Meanwhile, the Court already denied Defendants’ joint motion to dismiss Count

 One for duplicity after finding that the Defendants failed to carry their burden. Dkt. 137.

 Reis seeks to renew his motion nearly three months later but once again fails to meet his

 burden and fails to show why the Court should reconsider its prior decision. The Court

 should therefore deny the motion to dismiss for alleged duplicity.

 II.    Defendant’s motions should also be denied because the claims are premature.

        Courts routinely deny pretrial motions based on duplicity and venue because they

 are premature. As to venue, “[w]hen considering a motion to dismiss based on improper

 venue, the Court looks at the allegations made in the indictment and takes all well-

 pleaded facts as true.” United States v. Sledziejowski, No. 3:16-cr-101-B, 2018 WL

 1870082, at *2 (N.D. Tex. Feb. 15, 2018) (brackets omitted). “[I]f there is a facially

 sufficient indictment, the Court cannot make venue determinations based on extrinsic

 evidence in deciding a pre-trial motion.” Id. Thus, “as long as the indictment alleges

 venue, a pretrial motion to dismiss based on contrary allegations by the defendant must

 be denied.” Id.

        As to duplicity, “[t]he question of whether the evidence establishes the existence

 of a single conspiracy or multiple conspiracies is a question of fact for the jury,” United

 States v. Shows Urquidi, 71 F.4th 357, 381 (5th Cir. 2023), and “[e]ven if the Court

 determines that the indictment is duplicitous because it charges two or more separate and


 Government’s Opposition to Defendant’s Motions to Dismiss – Page 2
Case 4:24-cr-00287-O         Document 255         Filed 07/21/25      Page 3 of 12   PageID 5309



 distinct offenses in one count . . . this flaw does not require dismissal of the indictment.”

 United States v. Simpson, No. 3:09-CR-249-D(06), 2011 WL 2880885, at *5 (N.D. Tex.

 July 15, 2011) (quotation marks omitted) (emphasis omitted). “Rather, the Court may

 require the government to elect the single count on which it plans to rely, and as long as

 the evidence at trial is limited to only one of the charges in the duplicitous count, the

 defendant’s challenge is likely to fail.” Id. (quotation marks omitted). “[T]he risk that the

 jury will convict without unanimity on a single charge can be eliminated if the Court

 instructs the jury that it must find unanimously that the defendant was guilty with respect

 to at least one distinct act.” Id. (quotation marks omitted); see also United States v.

 Creech, 408 F.3d 264, 268 (5th Cir. 2005) (“In the routine case, a general unanimity

 instruction will ensure that the jury is unanimous on the factual basis for a conviction,

 even where an indictment alleges numerous factual bases for criminal liability.”).

        Here, the superseding indictment alleges that Defendant’s scheme involved

 transactions with Lender-2, located in Bedford, Texas, and Bank-1, located in Happy,

 Texas. Dkt. 163 at 2-3. Further, the Count One wire fraud conspiracy alleges that

 Defendant’s crime occurred “in the Fort Worth Division of the Northern District of Texas

 and elsewhere.” Dkt. 163 at 4. The substantive wire fraud charges in Counts Two through

 Five similarly allege that Defendant’s crime occurred in the Northern District of Texas.

 Dkt. 163 at 10. On its face, the superseding indictment properly alleges venue in the

 Northern District of Texas. Accordingly, the Court should deny Defendant’s motions.




 Government’s Opposition to Defendant’s Motions to Dismiss – Page 3
Case 4:24-cr-00287-O         Document 255         Filed 07/21/25      Page 4 of 12   PageID 5310



 III.   The law and the facts support venue in the Northern District of Texas.

        Defendant’s Motion to Dismiss for Improper Venue is wrong on the law, because

 venue is established when a defendant reaches into a district to commit a crime, and the

 facts, because Defendant repeatedly reached into the Northern District of Texas as part of

 his scheme to defraud the PPP. “When an offense is begun in one district and completed

 in another, venue is proper in any district in which the offense was ‘begun, continued, or

 completed.” United States v. Garcia Mendoza, 587 F.3d 682, 686 (5th Cir. 2009). “Venue

 can be based on evidence of any single act that initiated, perpetuated, or completed the

 crime, and circumstantial evidence suffices to establish venue.” Id. (citation omitted). “In

 cases involving conspiracy offenses, venue is proper in any district where the agreement

 was formed or an overt act occurred.” Id.

        As to the nature of the overt act and whether it must be performed by a member of

 the conspiracy physically in the district where the defendant was indicted, the Fifth

 Circuit has observed:

                The act must occur subsequent to the formation of the
                conspiracy agreement and prior to or in completion of the
                conspiratorial objective. It also must have been done in
                furtherance of the accomplishment of that objective[.] No
                distinctions are drawn based on the importance of the act to the
                accomplishment of the objective or on the legality of the act.
                A simple and commonplace legal activity may be sufficient,
                even though the action may be one that would have been taken
                in any event even had there been no illegal purpose. The act
                can be that of a single conspirator or even an innocent
                agent who is acting at his direction. The other conspirators
                need not have counseled the commission of the act nor even
                have been aware that it was to be done.




 Government’s Opposition to Defendant’s Motions to Dismiss – Page 4
Case 4:24-cr-00287-O         Document 255         Filed 07/21/25      Page 5 of 12   PageID 5311



 United States v. Perez, 223 F. App’x 336, 340-41 (5th Cir. 2007) (quoting 4 LaFave,

 Israel & King, Criminal Procedure (2d Ed.1999), § 16.2(f) at 538) (emphasis added).

        Contrary to Defendant’s assertion that Perez is somehow an outlier, courts

 routinely find that venue has been established when a defendant reaches into a district to

 commit a crime there. For example, in cases involving the enticement of minors, venue is

 established in the district where the victims are located when defendants contact the

 victims over e-mail or the telephone in furtherance of the crime, regardless of where the

 defendants are located. See United States v. Rounds, 749 F.3d 326, 335-36 (5th Cir. 2014)

 (venue established in Western District of Texas when defendant, who was in Houston,

 communicated through phone calls and text messages with victim, who was in Odessa);

 United States v. Pack, 255 F. Supp. 3d 695, 699 (S.D. Tex. 2017) (venue established in

 Southern District of Texas when defendant, who was in San Antonio, communicated

 through e-mail and messaging application with federal agent, who was in Laredo and

 posing as a thirteen-year-old girl).

        The calculus does not change when a defendant or his coconspirator reaches into a

 district to direct the actions of an innocent third party in furtherance of a conspiracy. As

 the Second Circuit has held, “When a conspirator uses a telephone call—by whomever

 initiated—to further a criminal scheme, the conspirator effectively propels not only his

 voice but the scheme itself beyond his own physical location into that of the person with

 whom he is speaking.” United States v. Rommy, 506 F.3d 108, 122 (2d Cir. 2007). “The

 conspirator’s commission of an overt act does not depend on whether the listener rather

 than the conspirator initiates the conversation.” Id. “Nor does it matter whether the


 Government’s Opposition to Defendant’s Motions to Dismiss – Page 5
Case 4:24-cr-00287-O         Document 255         Filed 07/21/25       Page 6 of 12   PageID 5312



 listener is a confederate, an innocent third party, or an undercover agent.” Id. “What

 matters is that the conspirator speaks, not to hear the sound of his own voice, but to

 communicate to his listener because he thinks that, by doing so, he furthers a

 conspiratorial goal.” Id. “Thus, the overt act may properly be understood to have

 occurred at the site where the listener receives the conspirator’s message.” Id. The court

 concluded that the conspirator’s “communication is a continuing act, supporting venue in

 the district of its initiation as well as the district of its receipt.” Id.

        Here, Defendant and his coconspirators chose to do business in the Northern

 District of Texas by entering into the lender service provider agreement with Lender-2,

 which allowed Defendant to further the conspiracy by, among other things, processing

 fraudulent loans on behalf of Lender-2 and obtaining a percentage of the SBA fees paid

 to Lender-2 for those loans. Defendant and his coconspirators repeatedly reached into this

 district when they sent fraudulent PPP loans to Lender-2. Additionally, Defendant’s and

 his coconspirators’ criminal conduct caused Bank-1 to send proceeds of fraudulent PPP

 loans from this district. On top of all this, Defendant made communications in

 furtherance of the conspiracy while he was physically present in this district. The

 evidence at Defendant’s trial will be more than sufficient to establish venue for the Count

 One conspiracy. 1




 1
   Confusingly, Defendant challenges venue only for Count One and not for the four substantive
 wire fraud counts. See Dkt. 247. The conduct described in those counts is also alleged as part of
 the Count One conspiracy. Dkt. 163 ¶¶ 17(d), (g)-(j). Defendant’s claims concerning venue fail
 as to Count One and also as to the substantive counts.


 Government’s Opposition to Defendant’s Motions to Dismiss – Page 6
Case 4:24-cr-00287-O         Document 255         Filed 07/21/25      Page 7 of 12   PageID 5313



        To support his venue claims, Defendant cites United States v. Wieschenberg, 604

 F.2d 326, 331 (5th Cir. 1979), for the proposition that, “‘[f]or a conviction of conspiracy,

 there must be proof of . . . an overt act committed by one of the coconspirators in

 furtherance of the conspiracy.’” Dkt. 247 at 3 (emphasis in Defendant’s motion).

 Defendant extrapolates from this holding, stretching the text to support his argument. But

 this case is consistent with the authority quoted above: By reaching into this district,

 Defendant and his coconspirators performed overt acts in furtherance of the conspiracy as

 if they were physically present in the Northern District of Texas. See Rommy, 506 F.3d at

 122 (“[T]he conspirator avails himself of modern technology to commit at long distance

 the identical overt act that he would commit by being in the same room with a person and

 whispering a conspiracy-furthering message directly into his listener’s ear.”).

 IV.    Defendant’s motion to dismiss based on duplicity is meritless.

        “An indictment may be duplicitous if it joins in a single count two or more distinct

 offenses.” United States v. Baytank (Houston), Inc., 934 F.2d 599, 608 (5th Cir. 1991).

 “If an indictment is duplicitous and prejudice results, the conviction may be subject to

 reversal.” Id. “[W]hen the indictment charges a conspiracy, it can allege in a single count

 a conspiracy to commit several crimes without being duplicitous because ‘[t]he

 conspiracy is the crime, and that is one, however diverse its objects.’” Simpson, 2011 WL

 2880885, at *5 (quoting United States v. Lyons, 703 F.2d 815, 821 (5th Cir. 1983)).

        “In considering whether one or multiple conspiracies exist, the principal factors

 are (1) the existence of a common goal, (2) the nature of the scheme, and (3) overlapping

 of participants in the various dealings.” United States v. Faulkner, 17 F.3d 745, 761 (5th


 Government’s Opposition to Defendant’s Motions to Dismiss – Page 7
Case 4:24-cr-00287-O         Document 255         Filed 07/21/25      Page 8 of 12   PageID 5314



 Cir. 1994). “Because one conspiracy may have many illegal objectives, it will necessarily

 involve a number of sub-agreements to commit each of these specified objectives.” Id. at

 760. “Some members may concur in only some of the many objectives, yet they are liable

 for all because there is but one scheme, one enterprise, one conspiratorial web.” Id.; see

 United States v. Calderon, 127 F.3d 1314, 1329 (11th Cir. 1997) (“It is often possible . . .

 to divide a single conspiracy into sub-agreements. This does not, however, mean that

 more than one conspiracy exists.”) (ellipsis omitted).

        Defendant’s duplicity and multiple conspiracy claims are flawed for several

 reasons. First, Defendant’s portrayal of the scheme as occurring in demarcated episodes

 with clearly defined bookends is inconsistent with the evidence. Throughout the rounds

 of PPP lending, Defendant’s scheme involved his and his coconspirators’ theft of the

 same funds (PPP loan proceeds), many of the same coconspirators (Defendant himself, as

 well as coconspirators such as Stephanie Hockridge, James Flores, Michael Cota, Vivian

 Arriaga, and Coconspirator-2), and submission of the same types of false and fabricated

 financial and tax documents. Indeed, in some instances, they were the exact same

 falsified documents used to support loans in 2020 and 2021. The conspiracy also used

 Lender-1 in both 2020 and 2021. And the government will prove at Defendant’s trial, as

 it proved at Hockridge’s trial, that both Defendant and Hockridge were involved in the

 conspiracy throughout 2020 and 2021, not one or the other in distinct “phases” as

 Defendant suggests.

        Defendant also exaggerates the differences in the PPP between 2020 and 2021.

 While there were some changes that allowed Defendant’s conspiracy to be more


 Government’s Opposition to Defendant’s Motions to Dismiss – Page 8
Case 4:24-cr-00287-O         Document 255         Filed 07/21/25      Page 9 of 12   PageID 5315



 successful in 2021, the basic tenets remained the same. The program was designed to

 help qualified applicants meet their payroll needs if they demonstrated eligibility through

 information and supporting documents, which were required to be truthful and accurate.

 Indeed, the PPP allowed borrowers who did not apply in 2020 to get a “first draw” in the

 2021 phase and then come back and get a “second draw” in the same phase. In addition,

 during the period after the first round of lending, Defendant and his coconspirators did

 not sit idly by but instead prepared to commit more fraud during the second round. The

 evidence will show—as it did at Hockridge’s trial—that Defendant and his

 coconspirators expected Congress to authorize another PPP round and took steps in

 anticipation of it, including by, among other things, negotiating a lender service provider

 agreement with Lender-1 in October 2020 and recruiting Eric Karnezis to work with

 Hockridge as part of VIPPP in December 2020. That Defendant’s scheme evolved over

 time to more efficiently steal PPP funds does not mean that Count One is duplicitous or

 that he and his coconspirators committed multiple conspiracies. See Faulkner, 17 F.3d at

 760. Count One correctly charges one conspiracy.

        Nor is Count One unconstitutionally vague. It alleges a conspiracy to obtain

 fraudulent PPP funds and then describes the various methods Defendant and his

 coconspirators used to accomplish that goal, including through VIPPP, which it explicitly

 describes. Dkt. 163 at 6. “The purpose of an indictment is to allege each essential element

 of the offense charged so as to enable the accused to prepare his defense and to allow the

 accused to invoke the double jeopardy clause in any subsequent proceeding.” United

 States v. Lawrence, 727 F.3d 386, 397 (5th Cir. 2013) (quotation marks omitted). “Thus,


 Government’s Opposition to Defendant’s Motions to Dismiss – Page 9
Case 4:24-cr-00287-O        Document 255         Filed 07/21/25        Page 10 of 12   PageID 5316



 an indictment is sufficient if it contains the elements of the offense charged and fairly

 informs the defendant of the charge against which he must defend.” Id. (quotation marks

 omitted). The superseding indictment against Defendant does exactly that, and

 Defendant’s mere disagreement with the allegations in Count One is insufficient to

 establish a constitutional defect. See United States v. Rafoi, 60 F.4th 982, 994 (5th Cir.

 2023) (“[A] defendant may not properly challenge an indictment, sufficient on its face,

 on the ground that the allegations are not supported by adequate evidence, for an

 indictment returned by a legally constituted and unbiased grand jury, if valid on its face,

 is enough to call for trial of the charge on the merits.”).

                                           CONCLUSION

        For the foregoing reasons, the government respectfully requests that the Court

 deny Defendant’s Motion to Dismiss for Improper Venue, Dkt. 247, and Motion to

 Dismiss based on duplicity. Dkt. 248.



  Respectfully submitted,

  NANCY E. LARSON                                       MARGARET A. MOESER
  ACTING UNITED STATES ATTORNEY                         CHIEF, MONEY LAUNDERING &
                                                        ASSET RECOVERY SECTION
  s/ Matthew Weybrecht                                  Criminal Division, U.S. Department of
  MATTHEW WEYBRECHT                                     Justice
  Assistant United States Attorney
  State Bar of Texas No. 24102642                       s/ Elizabeth R. Carr
  Telephone: 817-252-5200                               ELIZABETH R. CARR
  Fax: 817-252-5455                                     RYAN MCLAREN
  matthew.weybrecht@usdoj.gov                           Trial Attorneys
                                                        Money Laundering and Asset Recovery
  LORINDA I. LARYEA                                     Section
  Acting Chief, Fraud Section                           U.S. Department of Justice


 Government’s Opposition to Defendant’s Motions to Dismiss – Page 10
Case 4:24-cr-00287-O        Document 255         Filed 07/21/25        Page 11 of 12   PageID 5317




  s/ Philip Trout
  PHILIP TROUT
  Acting Assistant Chief
  Fraud Section
  U.S. Department of Justice




 Government’s Opposition to Defendant’s Motions to Dismiss – Page 11
Case 4:24-cr-00287-O        Document 255         Filed 07/21/25        Page 12 of 12   PageID 5318



                                   CERTIFICATE OF SERVICE

        I hereby certify that on July 21, 2025, I electronically filed the foregoing
 document with the clerk for the U.S. District Court, Northern District of Texas, using the
 electronic case filing system of the court. The electronic case filing system sent a “Notice
 of Electronic Filing” to the attorney(s) of record who have consented in writing to accept
 this Notice as service of this document by electronic means.

                                                s/ Philip Trout
                                                PHILIP TROUT
                                                Acting Assistant Chief




 Government’s Opposition to Defendant’s Motions to Dismiss – Page 12


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