The opinion of the court was delivered by: Hon. Edward J. Garcia United States District Court Judge
Stipulation to Continue Status Conference & Order
Date: July 23, 2010 Time: 10:00 a.m.
Court: Hon. Edward J. Garcia
Defendant, Stephen Kraut, by and through his undersigned counsel and the United States, by and through Assistant United States Attorney Russell L. Carlberg, hereby agree and stipulate that the status conference previously scheduled for May 7, 2010 should be continued to July 23, 2010, and that date is available with the Court.
The reasons for this request are that Mr. Kraut has received and reviewed with both his attorney and investigator, well in excess of 100,000 pages of discovery, as well as many boxes of discovery at the F.B.I. office in Sacramento. In addition, there is a warehouse of documents which may have direct bearing on the loss amount in this case and are vital to resolving the matter. The defense is in the process of setting up a categorical review of all of the warehouse documents. The allegations in this case span over a year time period and involve many documents, which defense counsel has been in the process of reviewing and investigating.
There appear to be complicated loss issues that need to be resolved. For instance, the alleged false inventory scheme involved long lists of real vehicles that were generated several times per week. Some of the listed vehicles may have been actually purchased by Tracy Chevrolet, while others may have been falsely reported as purchased in order to secure fraudulent financing, according to the government. Untangling which vehicles were actually purchased from those that may not have been is the task. The defense is making progress, but needs to review the final set of documents in the warehouse. Then the material must be analyzed in light of intended versus actual loss.
Accordingly, the parties agree that the status conference should be continued to July 23, 2010, to allow the defense investigator to prepare a reasonable estimate of loss. This case is complex and counsel requires adequate time to prepare a defense. Time should be excluded for complexity and preparation of counsel under 18 U.S.C. § 3161(H)(8)(b)and under § 3161 (h)(1)(D) and pursuant to local codes T2 and T4.
Respectfully submitted, Shari Rusk Dated: May 5, 2010 Attorney for Defendant Stephen Kraut
Dated: May 5, 2010 Russell Carlberg Assistant United States Attorney
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