Opinion
17 CR 750
09-15-2022
UNITED STATES OF AMERICA, v. TOM ALEXANDER WILLIAM HAYES, and ROGER DARIN, Defendants.
GLENN S. LEON Chief, Fraud Section Criminal Division U.S. Department of Justice VASANTH SRIDHARAN Trial Attorney Criminal Division, Fraud Section United States Department of Justice
GLENN S. LEON Chief, Fraud Section Criminal Division U.S. Department of Justice
VASANTH SRIDHARAN Trial Attorney Criminal Division, Fraud Section United States Department of Justice
MOTION TO DISMISS INDICTMENT
ANDREW L. CARTER, JR, U.S.D.J.
The United States of America, by and through its attorneys, Glenn S. Leon, Chief of the Fraud Section of the Criminal Division of the United States Department of Justice and Trial Attorney Vasanth Sridharan, respectfully move for an order dismissing, with prejudice, the Indictment as to defendants Tom Alexander William Hayes and Roger Darin, under Rule 48(a) of the Federal Rules of Criminal Procedure. Among other considerations, the Second Circuit's reversal of the convictions in United States v. Connolly, 24 F.4th 821 (2d Cir. 2022) implicates the theory charged in this case and the government's ability to prove its case. Accordingly, the government submits that dismissal with prejudice serves the interest of justice. The government has also conferred with counsel for the defendants, both of whom consent to dismissal of this case with prejudice.
The application is ___granted ___denied.