1 2 3 4 5 6 7 8 9 10 11 12 13
PAUL K. CHARLTON United States Attorney District of Arizona LARRY W SZALEK State of W isconsin Bar No. 1003722 MARK T. ODULIO District of Maryland Bar No. 26348 Trial Attorneys U.S. Department of Justice Tax Division Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Telephone (602) 514-7661
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, CR03-00345-PHX-ROS Government's Motion to Unseal Transcript of Hearing
14 15 16 17
v. 1. John J. Rizzo; 2. Carol A. Rizzo; Defendants.
18 19 20 21 files its Motion to Unseal Transcript of Detention hearing which took place on November 8, 22 23 24 25 1. 26 27 28 conditions of release in place should be modified.
1379070.1
Plaintiff, United States of America, by and through its counsel of record, Larry J. Wszalek and Mark T. Odulio, Trial Attorneys, Department of Justice, Tax Division, hereby
2004 before the Honorable Robert C. Broomfield. In support of its motion, the government provides the following: The November 8, 2004 detention hearing took place to determine whether the
Case 2:03-cr-00345-ROS
Document 230
Filed 10/13/2005
Page 1 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2.
Testimony was taken that may be relevant to factual disputes arising at
sentencing in this matter which is scheduled for October 18, 2005 before the Honorable Roslyn O. Silver. 3. Therefore, the Government respectfully requests that the Court unseal the
transcripts of the detention hearing held on November 8, 2004 for the limited purpose of providing a transcript to the parties. 4. Further, the Government request that the Court seal the transcript once it is
provided to the parties. 5. Further, the Government requests that the Court order that the parties do not
distribute the transcript to any third party. 6. Undersigned counsel discussed this matter with Defense Counsel Alan Caplan
who has no objections to this motion. Respectfully submitted this 13th day of October, 2005. /s/ LARRY J. WSZALEK MARK T. ODULIO Trial Attorneys United States Department of Justice Tax Division
I hereby certify that on October 12, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM /ECF registrants: Alan P. Caplan 630 Carolina St. San Francisco, CA 94107 ([email protected])
2
1379070.1
Case 2:03-cr-00345-ROS
Document 230
Filed 10/13/2005
Page 2 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
1379070.1
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR03-00345-PHX-ROS Plaintiff, v. 1. John J. Rizzo; 2. Carol A. Rizzo; Defendants. ORDER TO UNSEAL TRANSCRIPT
Upon Motion of the Plaintiff herein, and good cause showing, IT IS HEREBY ORDERED unsealing transcript for detention hearing on November 8, 2004 before the Honorable Robert C. Broomfield. IT IS FURTHER ORDERED that the transcript be resealed after a copy is provided to the parties. IT IS FURTHER ORDERED that the parties are not to provide the transcript to any third parties.
Dated this __ day of October, 2005.
______________________________________ ROSLYN O. SILVER United States District Judge
Case 2:03-cr-00345-ROS
Document 230
Filed 10/13/2005
Page 3 of 3