Free Motion to Unseal Document - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona RACHEL C. HERNANDEZ Arizona State Bar No. 016543 GARY M. RESTAINO Arizona State Bar No. 017450 Assistant U.S. Attorneys Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7500 [email protected] [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Harvey L. Sloniker, Jr., Tye Sloniker, Kindy Jonagan, Robert Shinn, Richard Nail, and John Desiderio, Defendants. The United States, by and through undersigned counsel, respectfully requests that this Court unseal tax records and victim/witness addenda to search and seizure warrants, as set forth below. The Court, in a sealed Order filed on December 10, 2004, unsealed individual and corporate tax records of defendants Harvey Sloniker and Richard Nail for the limited purpose of disclosing those records to counsel for the Harvey Sloniker, Nail and John Desiderio, the attorneys for the defendants facing the loan and/or tax charges in Counts 50-73 of the Indictment. Pursuant to the Order, on or about February 9, 2005, the government disclosed 47 pages of return and taxpayer return information on Counts 50-69 to counsel for defendants Harvey Sloniker, Nail and Desiderio, and an additional 54 pages of return and taxpayer return GOVERNMENT'S MOTION TO UNSEAL TAX RECORDS AND VICTIM/WITNESS ADDENDA TO SEARCH AND SEIZURE WARRANTS CR04-0820-PHX-FJM

Case 2:04-cr-00820-FJM

Document 199

Filed 01/03/2006

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1 information on Counts 70-73 to counsel for defendant Harvey Sloniker. This information is 2 "probative of a matter in issue relevant in establishing the commission of a crime" and 3 accordingly the government moves, pursuant to 26 U.S.C. § 6103(i)(4)(A)(i), that the Court fully 4 unseal the tax records identified in its prior Order to enable the government to disclose the 5 documents to other defendants prior to trial and to mark the documents as exhibits and seek their 6 admission at trial. 7 The Court also unsealed, in an Order filed as a result of the government's ex parte motion

8 of July 6, 2005, the probable cause statements supporting search and seizure warrants executed 9 in July 2002 and October 2004, with the exception of the victim/witness addenda supporting 10 each of the two probable cause statements. The victims in support of the probable cause 11 statements are identified by city and state. At this time the government has disclosed its victim 12 and employee witnesses, and has no objection to disclosure of the victim/witness addenda, with 13 the exception of contact information for the victims. Accordingly, the government moves for 14 an Order unsealing the victim/witness addenda, with the city and state of residence of the victims 15 to be redacted by the government. 16 Undersigned counsel left messages with each defense counsel between December 29-30,

17 2005. Ivan Mathew, counsel for defendant Nail, has no objection to the motion. The 18 government has not yet received responses from other counsel. 19 Excludable delay under 18 U.S.C. § 3161(h) is not expected to occur as a result of this

20 motion or an order based thereon. 21 22 23 24 25 26 27 28
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Respectfully submitted this 3rd day of January, 2006. PAUL K. CHARLTON United States Attorney District of Arizona s/ Gary Restaino RACHEL C. HERNANDEZ GARY M. RESTAINO Assistant U.S. Attorneys

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1 CERTIFICATE OF SERVICE 2 I hereby certify that on this date, I electronically transmitted the attached document to the 3 Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Bruce Blumberg, Jeanette Alvarado, Ivan Mathew, 4 Tom Hoidal, Greg Parzych and Michael Bresnehan. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case 2:04-cr-00820-FJM

Document 199

Filed 01/03/2006

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