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feder law office, p.a.

2930 e. camelback road, suite 160

phoenix, arizona 85016

(602) 257-0135

bf@federlawpa.com

fl@federlawpa.com

Bruce Feder - State Bar No. 004832

Attorney for Defendant, Scott Spear

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America, )

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Plaintiff, )

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vs. )

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Scott Spear. )

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Defendant. )

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NO. CR18-00422 PHX SMB

FIRST JOINT MOTION FOR

EXTENSION OF TIME TO DISCLOSE

ANTICIPATED INITIAL AND

REBUTTAL EXPERT TESTIMONY

(FIRST REQUEST) 1

(Assigned to the Honorable

Susan M. Brnovich)

The Defendants, Michael Lacey, James Larkin, Jed Brunst, Scott Spear, Andrew Padilla,

and Joye Vaught, through their attorneys undersigned, and pursuant to Rule 16 of the Federal Rules

of Criminal Procedure and the Fifth and Sixth Amendments to the United States Constitution,

move this Court for its order extending the time for Defendants to file their anticipated initial and

rebuttal expert testimony from March 14, 2019 to at least April 1, 2019 for the reasons that:

1 At the 1/25/2019 Status Hearing, an extension of Defense expert disclosure was requested and

denied. A copy of the Status Hearing transcript is attached hereto as Exhibit 1. This Motion

may constitute the Second request for an extension.

Case 2:18-cr-00422-DJH Document 498 Filed 03/12/19 Page 1 of 5
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1. The position of the Government is unknown as the Government has not responded

to the undersigned attorney’s email dated March 11, 2019 requesting the extension;

2. The Government has not complied with the original Scheduling Order in that it has

not disclosed a substantial amount of the Rule 16 materials, and, of the Rule 16 materials that have

been disclosed, such materials are not in a searchable format and do not contain an adequate index;

and

3. Undersigned Defense Counsel, with one exception, is unable to retain potential

experts because Defense Counsels’ attorneys’ fees and Defendants' assets are the subject of civil

seizure warrants and/or the substantial entirety of said assets have been asserted by the

Government to be criminal proceeds subject to further criminal charges if expended.

This Motion is based on the attached Memorandum of Points and Authorities, the file in

this matter, and such other arguments and evidence as may be presented.

It is expected that excludable delay, pursuant to 18 U.S.C. §3161(h) may occur as a result

of this Motion or from an Order based thereon.

RESPECTFULLY SUBMITTED this 12th day of March, 2019.

FEDER LAW OFFICE, PA

/s/ Bruce Feder

Attorney for Scott Spear

LIPSITZ GREEN SCIME CAMBRIA, LLP

/s/ Paul Cambria

Attorney for Michael Lacey

BIENERT MILLER & KATZMAN, PLC

/s/ Tom Bienert

Attorney for James Larkin

KIMERER & DERRICK, PC

/s/ Michael Kimerer

Attorney for Jed Brunst

. . .

. . .

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BIRD MARELLA BOXER WOLPERT NESSIM

DROOKS LINCENBERG & RHOW, PC

/s/ Gary Lincenberg

Attorney for Jed Brunst

PICCARRETA DAVIS KEENAN FIDEL, PC

/s/ Michael Piccarreta

Attorney for Andrew Padilla

KARP & WEISS, PC

/s/ Stephen Weiss

Attorney for Joye Vaught

MEMORANDUM OF POINTS AND AUTHORITIES

Much of the chronology of events relevant to this extension request are set forth in the

pending Motion to Dismiss Due To Government Interference With Right To Counsel And

Request For Disclosure Or, In the Alternative, Motion To Withdraw [DE 456], the subsequent

Joinders to [DE 456] at [DEs 463, 464, 465, 467], the Government’s Response [DE 476] and

Defendants’ Joint Reply to the Government’s Response [DE 494], and by this reference, are

incorporated herein as though fully set forth.

Additional facts are that the Government, notwithstanding its assertions that the Rule 16

discovery disclosed to date is searchable, contains an index, and is substantially complete, is not

easily searchable, contains a cursory index, and is not substantially complete. Specifically, the

only indexes to the materials disclosed by the Government are attached (See Exhibits 2A-2H).

At the January 25, 2019 Status Hearing, the indexes were described as, “...we produced indexes,

Your Honor, consisting of more than 25 categories denoting the source from which these

documents were obtained...” (See Exhibit 1, 1/25/19 Transcript at Pg. 7, Lines 14-16). This

past week, on March 8th and March 11th, the Government disclosed what appears to be tens of

millions of documents on hard drives (See Exhibits 3A and 3B). At the 1/25/19 Status Hearing,

the Government asserted that the seven million documents it had disclosed constituted 90% of

the discovery. (See Exhibit 1, 1/25/19 Transcript at Pg. 14, Lines 4-8). Per recent

Case 2:18-cr-00422-DJH Document 498 Filed 03/12/19 Page 3 of 5
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correspondence between Reginald Jones and Whitney Bernstein, there are tens of millions of

documents to be disclosed at some unknown future date (See Exhibits 4A and 4B).

As indicated in the pending dismissal motion [DE 456], the Defendants and their counsel

have had the substantial majority of their assets, including assets designated for attorneys’ fees

and for payment of costs for experts and other required expenditures, seized and/or made

unavailable. Under the circumstances, having no funds to hire experts, Defense Counsel can file

only a list of areas of potential expert testimony the defense may present, and name some of the

potential experts who may testify if funds are made available to pay experts. The Defendants

seek additional time to file more substantive expert disclosure pleadings compliant with Rule

16(b)(1)(C), F.R.Crim.P.

DATED this 12th day of March, 2019.

FEDER LAW OFFICE, PA

/s/ Bruce Feder

Attorney for Scott Spear

LIPSITZ GREEN SCIME CAMBRIA, LLP

/s/ Paul Cambria

Attorney for Michael Lacey

BIENERT MILLER & KATZMAN, PLC

/s/ Tom Bienert

Attorney for James Larkin

KIMERER & DERRICK, PC

/s/ Michael Kimerer

Attorney for Jed Brunst

BIRD MARELLA BOXER WOLPERT NESSIM

DROOKS LINCENBERG & RHOW, PC

/s/ Gary Lincenberg

Attorney for Jed Brunst

PICCARRETA DAVIS KEENAN FIDEL, PC

/s/ Michael Piccarreta

Attorney for Andrew Padilla

. . .

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KARP & WEISS, PC

/s/ Stephen Weiss

Attorney for Joye Vaught

CERTIFICATE OF SERVICE

I hereby certify that on the 12th day of March, 2019, I electronically transmitted the

foregoing to the Clerk of the Court via the CM/ECF system for filing and transmittal of a Notice

of Electronic Filing to the following CM/ECF registrants:

John J. Kucera: John.Kucera@usdoj.gov

Kevin M. Rapp: Kevin.Rapp@usdoj.gov

Margaret Perlmeter: Margaret.Perlmeter@usdoj.gov

Reginald E. Jones: Reginald.Jones4@usdoj.gov

Andrew C. Stone: Andrew.Stone@usdoj.gov

Peter S. Kozinets: Peter.Kozinets@usdoj.gov

Attorneys for the United States

Anne M. Chapman: anne@mscclaw.com

Lee D. Stein: lee@mscclaw.com

Paul John Cambria, Jr.: pcambria@lglaw.com

Erin E. McCampbell: emccampbell@lglaw.com

James C. Grant: jimgrant@dwt.com

Robert Corn-Revere: bobcornrevere@dwt.com

Ronald Gary London: ronnielondon@dwt.com

Janey Henze Cook: janey@henzecookmurphy.com

John Lewis Littrell: jlittrell@bmkattorneys.com

Kenneth M. Miller: kmiller@bmkattorneys.com

Thomas H. Bienert, Jr.: tbienert@bmkattorneys.com

K C Maxwell: kmaxwell@bgrfirm.com

Michael L. Piccarreta: mlp@pd-law.com

Stephen M. Weiss: sweiss@karpweiss.com

Michael D Kimerer: MDK@kimerer.com

Rhonda Elaine Neff: rneff@kimerer.com

Gregory Michael Zamora: gmz@dkwlawyers.com

Anthony Ray Bisconti: tbisconti@bmkattorneys.com

Whitney Z Bernstein: wbernstein@bmkattorneys.com

Seetha Ramachandran: Seetha.Ramachandran@srz.com

Attorneys for Defense

By: /s/ A. Jones

Case 2:18-cr-00422-DJH Document 498 Filed 03/12/19 Page 5 of 5