UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 03 CR 779

)

MICHEL D. THYFAULT ) Judge Milton I. Shadur

AGREED MOTION TO VACATE TRIAL DATE

The UNITED STATES OF AMERICA, by PATRICK J. FITZGERALD, United States

Attorney for the Northern District of Illinois, with the agreement of counsel for defendant Michel

D. Thyfault, moves this Court to vacate the currently set trial date of October 30, 2006. In support

of this motion, the government states as follows:

1. This case arises out of a fraudulent scheme spanning numerous years and involving

numerous defendants that resulted in a loss in excess of $50 million. Defendant was charged with

seven counts of fraud (both mail fraud and wire fraud) and one conspiracy count. Judge James B.

Moran has presided over all aspects of the case since its indictment.

2. In August 2005, two defendants – Thyfault and Jack Hargrove – went to trial. The

trial lasted approximately six weeks. At the end of the trial, Hargrove was convicted. The jury

acquitted Thyfault of the conspiracy count and hung on the substantive mail and wire fraud counts.

3. The retrial of defendant Thyfault is currently set for October 30, 2006. The delay in

the retrial has largely resulted from a delay in the trial transcripts being completed. The parties

anticipate that the trial will last approximately two weeks. 

4. A status hearing was scheduled on September 13, 2006. The status hearing did not

go forward because Judge Moran was absent. It is the government’s understanding that Judge

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Moran continues to be absent. The next status hearing in this matter is set for December 7, 2006,

after the scheduled trial date.

5. On October 4, 2006, counsel for the government spoke with Judge Moran’s Minute

Clerk about the trial in this matter. Judge Moran’s Minute Clerk stated that she was not sure if the

trial would be going forward on October 30, 2006. She further stated that she did not have the

authority to strike the trial date.

6. Given the complex nature of the case and Judge Moran’s familiarity with it, the

parties believe that it would be in the best interests of justice to have him continue to preside over

the case.

7. In order to prepare for trial, the government would have to meet with numerous

witnesses and coordinate their appearances during the trial. In order to avoid having to impose on

witness’s time to prepare for a trial that may not proceed, the government, with the agreement of

defense counsel, seeks to have the current trial date vacated. The government further requests that

time be excluded until the next status date of December 7, 2006, pursuant to: (a) 18 U.S.C. §

3161(h)(1)(F) because defendant has stated that he intends to file a pretrial motions and Judge

Moran had granted him leave to do so; and (b) 18 U.S.C. § 3161(h)(8)(A), as it is in the interests of

justice to delay this matter until Judge Moran returns and can preside over it.

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WHEREFORE, the United States of America respectfully requests that this Court vacate the

current trial date of October 30, 2006, and exclude time until the next status date on December 7,

2006.

Dated: October 4, 2006

Respectfully submitted,

PATRICK J. FITZGERALD

By: Scott R. Drury/s 

SCOTT R. DRURY

Assistant United States Attorney

219 South Dearborn, 3rd Floor

Chicago, Illinois 60604

(312) 353-1416

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CERTIFICATE OF SERVICE

The undersigned Assistant United States Attorney hereby certifies that the following

document:

Agreed Motion to Vacate Trial Date

was served on October 4, 2006, 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.

By: Scott R. Drury/s 

SCOTT R. DRURY

Assistant United States Attorney

219 South Dearborn, 3rd Floor

Chicago, Illinois 60604

(312) 353-1416

Case: 1:03-cr-00779 Document #: 291 Filed: 10/04/06 Page 4 of 4 PageID #:1393