UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 12 CR 109

) The Hon. Sharon Johnson Coleman

HEON SEOK LEE )

DEFENDANT HEON SEOK LEE’S

REPORT REGARDING THE PARTIES’ AGREEMENTS 

 AS TO PRETRIAL DISCLOSURE AND FILINGS

Now comes the Defendant Heon Seok Lee, by his attorneys Susan Shatz and

Cynthia Giacchetti, and hereby sets forth defense counsel’s understanding of

agreements made with the Government, represented by AUSA Patrick M. Otlewski,

as to certain pretrial disclosures and filings. These agreements, of course, are

subject to this Court’s approval:

1. BILL OF PARTICULARS: In lieu of a Bill of Particulars, the Government 

(1) has provided defense counsel with the names of persons referred to by initials in

the Indictment and (2) has provided defense counsel with documents identifying all

municipalities alleged to be victims of the charged scheme to defraud. 

2. SANTIAGO PROFFER: The Government’s Santiago proffer will be filed at

least 2 weeks prior to the start of trial.

3. 404(b) EVIDENCE: The Government’s Notice of evidence it intends to

offer under Rule of Evidence 404(b) will be filed at least 2 weeks prior to the start of

trial.

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4. 3500 MATERIAL: The Government will provide materials required by 18

U.S.C. §3500 at least two weeks prior to the start of trial, unless (1) such materials

are obtained less than two weeks before trial or (2) information is withheld because

of concerns of witness safety, in which case defense counsel will be notified that

such materials are being withheld.

5. EXPERT DISCLOSURE: The parties have agreed to reciprocal disclosure

of experts six weeks before start of trial.

6. 608(b) DISCLOSURE: The parties have agreed to reciprocal disclosure of

intention to cross examination any witness, including the Defendant, regarding

specific instances of conduct under Federal Rule of Evidence 608(b).

7. SUMMARY CHARTS: The parties are still in discussion regarding

production of draft summary charts but anticipate this issue will also be resolved

between the parties.

8. AGENT’S WRITTEN NOTES: The Government has agreed to preserve

written notes of government agents to the extent they exist.

WHEREFORE, Defendant Heon Seok Lee respectfully provides this report

setting forth defense counsel’s understanding of the parties’ agreements for the

purpose of confirmation of those agreements by the Government and approval of

those agreements by the Court. 

Respectfully submitted,

/s/Cynthia Giacchetti

CYNTHIA GIACCHETTI

One of the Attorneys for Defendant Heon Seok Lee

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CYNTHIA GIACCHETTI

53 West Jackson, Suite 1460

Chicago, Illinois 60604

312-939-6440

 CERTIFICATE OF SERVICE

Cynthia Giacchetti, one of the attorneys for the Defendant Heon Seok Lee 

hereby certifies that Defendant Heon Seok Lee’s Report Regarding the Parties’

Agreements As to Pretrial Disclosure and Filings was served on all parties on

January 7, 2016, in accordance with Fed.R.Crim.P. 49, Fed.R.Civ.P. 5, LR 5.5, and

the General Order on Electronic Case Filing (ECF) pursuant to the district court’s

system as to ECF filers.

s/ Cynthia Giacchetti

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