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United States v. McCall

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 20, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CHARLES W. MCCALL, AND JAY LAPINE, DEFENDANTS.

The opinion of the court was delivered by: William Alsup Judge

STIPULATION AND [PROPOSED] ORDER RE RETURN OF DEFENDANT JAY M. LAPINE'S PASSPORT

The United States and defendant Jay Lapine, through their respective counsel, stipulate and agree as follows:

RECITALS

1. On June 4, 2003, this Court unsealed a second superseding indictment containing charges against Mr. Lapine. Trial in this matter began on September 11, 2006. On November 3, 2006, the jury returned a verdict of not guilty as to Mr. Lapine on Count 1 of the Indictment.

The jury was unable to reach a verdict as to Mr. Lapine on any of the remaining six counts, and the Court declared a mistrial as to Count 2, 4, 5, 6, 7, and 8 of the Indictment and discharged the jury. The United States intends to re-try Mr. Lapine on those counts. A trial date is presently set in this matter for October 26, 2009.

2. Defendant Jay Lapine has previously surrendered his passport to the Court as a condition of his personal recognizance bond release.

passport so could undertake business travel abroad during the period from June 27, 2008 to December 31, 2008.*fn1 The Order stated that during the time periods when Mr. Lapine was not traveling, he would lodge his passport with his counsel*fn2 in this matter and that counsel for Mr.

This was one of five prior stipulations and Orders granting Mr. Lapine permission to obtain his passport for business travel abroad. The Court also permitted Mr. Lapine to renew his passport in an order dated June 21, 2007.

Inc. Intralot's parent company is based in Greece. In this position, Mr. Lapine needs to travel internationally, often with little prior notice. Mr. Lapine may be required to travel internationally prior to his October 26, 2009 trial date has been commissioned to captain a sail boat through Bahamas from April 6, 2009 through and including April 13, 2009.

3. On June 10, 2008 the Court signed an Order, allowing Mr. Lapine to retain his Lapine would notify the government prior to Mr. Lapine commencing any international travel.

4. Mr. Lapine is employed as the Vice President and General Counsel of Intralot,

5. Mr. Lapine also works as a captain of charter sailing boats. Mr. Lapine currently

STIPULATION

Based on the foregoing, IT IS HEREBY STIPULATED AND AGREED, that Mr. Lapine, with this Court's permission, retain his United States Passport so that he may undertake travel abroad during the period from February 20, 2009- October 26, 2009. When Mr. Lapine is not traveling, he will lodge his passport with his counsel in this matter and counsel for Mr. Lapine will notify the government prior to Mr. Lapine commencing any international travel.

Mr. Lapine will return his passport to the Court on or before October 26, 2009.

IT IS SO STIPULATED AND AGREED.

DATED: February 19, 2009 KASOWITZ BENSON TORRES & FRIEDMAN LLP Lyn R. Agre Attorney for Defendant Jay Lapine

DATED: February 19, 2009 UNITED STATES OF AMERICA Timothy Crudo, Assistant U.S. Attorney Attorney for The United States Pursuant to the foregoing stipulation, IT IS SO ORDERED.


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