1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, 

Plaintiff,

v Case No. 15-20382

Hon. Victoria A. Roberts

PAUL NICOLETTI,

Defendant.

_________________________________/

DEFENDANT’S STIPULATED MOTION FOR LEAVE TO ISSUE SUBPOENAS

1. This motion is brought pursuant to Fed. R. Crim. Pro. 17 (c) and LCrR 17:1. 

2. On February 8, 2016, Defendant’s former defense counsel John Minock filed a Motion 

for Leave to Issue Pretrial Subpoenas. That motion is filed as R 44 on the Docket Report. 

3. A Stipulation (R 51) was entered in response to Defendant’s motion on February 24, 

2017. In pertinent part, the language in the Stipulation reads: 

It is hereby agreed between the parties that defense counsel be permitted to issue 

pretrial subpoenas duces tecum to Fifth Third Bancorp for the information 

described in Defendant’s Motion for Leave to Issue Pretrial Subpoenas.

4. Although the Motion addressed issuing subpoenas to several business entities in addition 

to Fifth Third Bancorp, the language of the Order omits the following entities:

a. Fifth Third Bancorp

b. Fifth Third Bank

c. Fifth Third Mortgage-MI, LLC

d. Computer Forensic Services

2:15-cr-20382-VAR-MKM Doc # 75 Filed 02/20/18 Pg 1 of 3 Pg ID 632
2

5. The entity called “Fifth Third Mortgage-MI, LLC” It is a Delaware Limited Liability 

Company, licensed to do business in Michigan. It is, upon information and belief, the 

lender on several documents, including several disclosure statements involved in 

potential loan misconduct. Defendant therefore whishes to request this entity to produce 

certified copies of this entities corporate filing documents for the time period in question 

in this case as well as copies of any FDIC insurance certificates that were in place on its 

behalf at the time of claimed loss as well as authentication of several documents as 

business records certain documents defendant believes were issued by this entity. 

Defendant believes these materials will be essential to his defense. 

6. Firth Third Bancorp, Inc. and/or Firth Third Bank, Inc. are, upon information and belief, 

the complainants and/or otherwise relevant entities in this matter. Defendant seeks 

authenticated corporate filing documents during the time period in question, FDIC 

insurance certificates that were in place during the time of claimed loss as well as 

authentication of several documents as business records certain documents defendant 

believes were issued by this entity.

7. Computer Forensic Services, LLC. a Minnesota Limited Liability Company is, upon 

information and belief, the repository of “Unify Screens”, which are at issue in this case. 

The Unify Screen Shots provided in discovery are mostly illegible copies. Seeking 

copies directly from Computer Forensic Services should remedy this problem. 

8. Counsel for the defendant contacted A.U.S.A. Craig Weier, counsel for the government 

in this matter on February 20, 2018 and received a stipulation to the relief sought in this 

motion.

2:15-cr-20382-VAR-MKM Doc # 75 Filed 02/20/18 Pg 2 of 3 Pg ID 633
3

WHEREFORE, Defendant respectfully requests leave to issue subpoenas: Fifth Third 

Bancorp, Fifth Third Bank, Computer Forensic Services, and Fifth Third Mortgage-MI, LLC.

Respectfully submitted,

HARRISON LAW

/s/ Michael J. Harrison

_______________________

MICHAEL J. HARRISON 

240 Daines Street

Birmingham, MI 48009

(248) 220-3324

Michael@harrisonlawplc.com

Dated: February 20, 2018

2:15-cr-20382-VAR-MKM Doc # 75 Filed 02/20/18 Pg 3 of 3 Pg ID 634