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United States of America v. Hoda Samuel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 13, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
HODA SAMUEL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez U. S. District Court Judge

UNOPPOSED MOTION TO DISMISS COUNTS THIRTY-TWO THROUGH THIRTY-NINE; ORDER

For the reasons discussed below, the United States hereby requests that the Court dismiss Counts Thirty-Two through Thirty-Nine in the above-referenced indictment.

Counts Thirty-Two through Thirty-Nine allege false statements in loan applications to Long Beach Mortgage, in violation of 18 U.S.C. 1014. As of the dates of these statements, Long Beach mortgage was a wholly-owned subsidiary of Washington Mutual Bank. Washington Mutual was FDIC-insured, but Long Beach Mortgage was not itself individually insured. In this case, the government has decided to exercise its discretion to forego attempting to prove that the statements to Long Beach Mortgage satisfy the statute.

For the foregoing reasons, the government moves to dismiss Counts Thirty-Two through Thirty-Nine pursuant to Federal Rule of Criminal Procedure 48(a).

Counsel for defendants Devers, Faulkner, Painter, Burris, and Dawson, who are charged in one or more of these counts, have been advised of this motion and have not indicated any opposition to it.

DATED: December 12, 2011 BENJAMIN B. WAGNER United States Attorney By: /s/ Philip A. Ferrari PHILIP A. FERRARI MICHELLE A. PRINCE Assistant U.S. Attorneys

ORDER For the reasons stated above, it is hereby ORDERED that pursuant to Fed.R.Crim.P. 48(a), Counts Thirty-Two through Thirty-Nine of the indictment in case CR S 10-0223 JAM are dismissed.

John A. Mendez

20111213

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