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United States v. Eguiluz

United States District Court, E.D. California

September 7, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JORGE EGUILUZ, ET AL., Defendants.

          PHILLIP A. TALBERT United States Attorney NIRAV DESAI KURT A. DIDIER Assistant United States Attorneys Attorneys for Plaintiff United States of America

          FOR DEFENDANT JORGE EGUILUZ: (as authorized on September 7, 2017; original signature on file with Counsel for Def. Eguiluz) JORGE EGUILUZ

          APPROVED AS TO FORM AND CONTENT: ("as authorized on September 7. 2017) DONALD H. HELLER, ESQ. Attorney for Defendant Jorge Eguiluz

          APPROVED AS TO FORM: (as authorized on August 15. 2017) JEREMY J. DONATI Operations Supervisor, U.S. District Court

          JOINT MOTION FOR THE DEPOSIT OF FUNDS INTO THE COURT'S DEPOSIT FUND [NO HEARING REQUESTED]

          Honorable John A Mendez United state district Judge

         Plaintiff United States of America and defendant Jorge Eguiluz (collectively, Movants), through their authorized representatives, hereby move for an order authorizing Defendant Eguiluz to deposit $239, 914.00 into the Court's Deposit Fund (the Deposit) pending the outcome of this criminal prosecution.

         With respect to Defendant Eguiluz, the Deposit does not constitute an admission of guilt to the counts charged in the indictment, nor an admission or agreement that he is obligated to pay, restitution, and/or criminal monetary penalties in the case. Further, by making the Deposit, Defendant Eguiluz does not waive any rights, or defenses, he possesses or may assert in the case, nor does the Deposit in any manner, implicate the Plaintiffs requirement to prove its case against Defendant Eguiluz beyond a reasonable doubt at trial. With respect to Plaintiff, the Deposit does not limit Plaintiffs ability: to supersede the existing indictment or make other charging decisions against Defendant; or, upon conviction, to argue for criminal monetary penalties exceeding the Deposit amount.

         This Motion is based on the following grounds: On April 6, 2017, a federal grand jury returned a sealed indictment charging Defendant Eguiluz with one count of conspiracy to commit wire fraud in violation of 18 U.S.C. § 1349, three counts of wire fraud in violation of 18 U.S.C. § 1343, and one count of conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h), in connection with the submission of false invoices to victim companies referred to in the indictment as Company 1 and Company 2. The indictment was unsealed on April 10, 2017. ECF Nos. 1, 11-13.

         The Movants thus agree that:

         1. Defendant Eguiluz shall, within five days following the Court's order approving the Deposit, pay to the Clerk, United States District Court, $239, 914.00 via cashier's check or money order.

         2. Defendant Eguiluz shall make the check payable to the Clerk of Court, state his name and case number on the check and deliver the payment to the Clerk's office at 501 I Street, Suite 4-200, Sacramento, CA 95814. Defendant Eguiluz shall receive a receipt evidencing payment by the Clerk's office.

         3. The Deposit shall remain in the Court's Deposit Fund pending the adjudication of this case against Defendant Eguiluz as set forth below, or upon further order of the Court. Defendant Eguiluz understands that this is not an interest-bearing account, but still desires to make the Deposit.

         4. If the Defendant Eguiluz is convicted of any of the charged counts, the Deposit shall, upon sentencing, be applied towards the criminal monetary penalties in the order stated in the Schedule of Payments section of the Judgment in a Criminal Case. Defendant Eguiluz will not oppose the application of the Deposit towards the criminal monetary penalties entered against him 5. If the Defendant Eguiluz is convicted, but appeals any part of the conviction or sentence, the Deposit shall remain in the Deposit Fund until the appeal is adjudicated.

         6. If the Defendant Eguiluz is acquitted at trial, he may seek an order for the return of the Deposit. Plaintiff will not oppose ...


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