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GLENN B. McCORMICK

Acting United States Attorney District of Arizona

KEVIN M. RAPP (Ariz. Bar No. 014249, kevin.rapp@usdoj.gov) MARGARET PERLMETER (Ariz. Bar No. 024805, margaret.perlmeter@usdoj.gov) PETER S. KOZINETS (Ariz. Bar No. 019856, peter.kozinets@usdoj.gov) ANDREW C. STONE (Ariz. Bar No. 026543, andrew.stone@usdoj.gov) Assistant U.S. Attorneys

40 N. Central Avenue, Suite 1800

Phoenix, Arizona 85004-4408

Telephone (602) 514-7500

DAN G. BOYLE (N.Y. Bar No. 5216825, daniel.boyle2@usdoj.gov) Special Assistant U.S. Attorney

312 N. Spring Street, Suite 1400

Los Angeles, CA 90012

Telephone (213) 894-2426

KENNETH POLITE

Assistant Attorney General 

Criminal Division, U.S. Department of Justice

REGINALD E. JONES (Miss. Bar No. 102806, reginald.jones4@usdoj.gov) Senior Trial Attorney, U.S. Department of Justice

Child Exploitation and Obscenity Section

950 Pennsylvania Ave N.W., Room 2116

Washington, D.C. 20530

Telephone (202) 616-2807 

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

v. 

Michael Lacey, et al.,

Defendants.

No. CR-18-422-PHX-SMB

UNITED STATES’ REPLY TO 

DEFENDANTS’ OPPOSITION TO 

NACOLE SVENDGARD’S 

TESTIMONY

Case 2:18-cr-00422-DJH Document 1293 Filed 09/10/21 Page 1 of 3
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The United States files this brief reply to address two quick issues. 

First, in its memorandum, it listed the wrong exhibit number on page 3. Instead of 

Ex. 1086, it should have been Ex. 1806. Also, the date listed is incorrect. The correct date 

is February 1, 2012.

Second, in their opening statements, Defendants discussed—in detail—many court 

decisions that purportedly demonstrated their “good faith” and why they couldn’t have 

specifically intended to promote business enterprises involving prostitution

offenses. None of those cases, however, dealt with the issue of whether Defendants 

violated federal criminal law. Zero. Yet, the jury was told that because of these various 

court decisions, Defendants had good faith to continue running their website. Indeed, 

Defendant Larkin’s attorney suggested that even a bank loan provided “indirect” evidence 

of Defendants’ good faith, because it showed that a bank was willing to do business with 

Backpage. Now, Defendants suggest that a negative court decision cannot be discussed at 

trial because “it was a procedural decision; it was not a decision on the merits.” (Doc. 1291 

at 4.) Of course, by that logic, none of the cases discussed by Defendants in their opening 

were “decisions on the merits” that would affect this case. Namely, whether Defendants 

violated federal criminal laws. Defendants can’t have it both ways. While the United 

States would have preferred not to discuss any previous court decisions, Defendants have 

already opened that door. Accordingly, a negative decision by the Washington Supreme 

Court—even if not dispositive—is fair game to counter Defendants’ “good faith” defense 

through court cases.

Respectfully submitted this 10th day of September, 2021.

GLENN B. McCORMICK

Acting United States Attorney District of Arizona

s/ Andrew C. Stone

KEVIN M. RAPP

MARGARET PERLMETER

PETER S. KOZINETS

ANDREW C. STONE

Assistant U.S. Attorneys

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DAN G. BOYLE

Special Assistant U.S. Attorney

KENNETH POLITE

Assistant Attorney General 

U.S. Department of Justice 

Criminal Division, U.S. Department of Justice

REGINALD E. JONES

Senior Trial Attorney U.S. Department of Justice, Criminal Division

Child Exploitation and Obscenity Section

CERTIFICATE OF SERVICE

I hereby certify that on this same date, 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 CM/ECF registrants who have entered their appearance 

as counsel of record.

s/ Andrew C. Stone

U.S. Attorney’s Office

Case 2:18-cr-00422-DJH Document 1293 Filed 09/10/21 Page 3 of 3