1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PICCARRETA DAVIS KEENAN FIDEL PC

2 East Congress Street, Suite 1000

Tucson, Arizona 85701-1782

(520) 622-6900

Michael L. Piccarreta 

State Bar No. 003962 

Email: mlp@pd-law.com

Attorney for Defendant Andrew Padilla

 -andKARP & WEISS, P.C. 

3060 N Swan Road

Tucson, AZ 85712 

(520) 325-4200 

Stephen M. Weiss

State Bar No. 002261

Email: sweiss@karpweiss.com

Attorney for Defendant Joye Vaught

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America,

 Plaintiff,

v.

6. Andrew Padilla,

 (Counts 1-51)

7. Joye Vaught,

 (Counts 1-51)

 Defendants.

NO. CR-18-00422-06-PHX-SMB

MOTION TO SET HEARING ON MOTION 

TO DISMISS DUE TO GOVERNMENT 

INTERFERENCE WITH RIGHT TO 

COUNSEL AND REQUEST FOR 

DISCLOSURE OR, IN THE 

ALTERNATIVE, MOTION TO 

WITHDRAW (DOC. 456)

[No Oral Argument Requested]

Excludable delay under 18 U.S.C. § 3161(h)(1) may occur as a result of this motion or 

an order based thereon, as explained more fully below.

Case 2:18-cr-00422-DJH Document 501 Filed 03/15/19 Page 1 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

Defendants Andrew Padilla and Joye Vaught, by and through their undersigned 

attorneys, hereby respectfully request this Court to set a hearing on their Motion to Dismiss 

due to Government Interference with Right to Counsel and Request for Disclosure or, in the 

Alternative, Motion to Withdraw (Doc. 456). Defendants’ motion was filed on February 11, 

2019, the government’s response (Doc. 476) was filed on February 25, 2019, and defendants’ 

reply (Doc. 494) was filed March 8, 2019. Thus, the matters raised in the motion are fully 

briefed and ripe for decision.

Defendants respectfully request this Court to set a hearing on their motion at a time and 

date convenient to the Court as soon as possible. Defendants’ motion is based on the fact that 

the government’s conduct has deprived defendants Padilla and Vaught of assets earmarked to 

fund their counsel of choice, thereby rendering them unable to retain counsel of choice, expend 

assets necessary to review the government’s discovery, retain experts, or engage in other 

measures necessary to defend the case. As explained in defendants’ motion (Doc. 456 p. 5), 

on October 31, 2018, the government obtained ex parte seizure warrants for the attorney trust 

accounts of counsel for Mr. Padilla and Ms. Vaught. The government has informed counsel 

for defendants Padilla and Vaught that the trust funds they hold cannot be used to pay any fees 

earned after November of 2018. The government has further indicated that, although the 

seizure warrants have expired, it likely will seek to again seize the attorney trust accounts, and 

defense counsel may be investigated without any assurance that they will not be criminally 

prosecuted if they use those funds to pay fees earned after November 2018. (Doc 456 pp. 5-6).

Thus there have been no payments to counsel for Padilla and Vaught for all work performed 

or costs incurred since December 1, 2018, three and one-half months ago.

Case 2:18-cr-00422-DJH Document 501 Filed 03/15/19 Page 2 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

As defendants’ motion also notes, issues relating to the seizure of their attorney trust 

accounts are now being litigated and await decision in proceedings in the Central District of 

California, and issues relating to the government’s unlawful seizures of assets are also currently 

pending on appeal from the Central District of California to the Ninth Circuit Court of Appeals. 

(Doc. 456 p. 9; See In the Matter of Seizure of: Any and all funds held in Republic Bank of 

Arizona Accounts xxxx1189, xxxx2592, xxxx1938, xxxx2912, and xxxx2500, No. 18-56455,

Doc. No. 27 (9th Cir.), (setting case for expedited briefing and argument)). However, 

defendants are uncertain as to when requested relief relating to assets to fund counsel of choice 

may be forthcoming in either of those proceedings. 

Accordingly, defendants request this Court to set a hearing on their Motion to Dismiss 

due to Government Interference with Right to Counsel and Request for Disclosure or, in the 

Alternative, Motion to Withdraw (Doc. 456) as soon as possible as the pleadings are complete. 

If the motion to dismiss is granted, no further action from the Court will be required. If the 

motion to dismiss is denied, counsel have requested this Court to issue its order permitting 

them to withdraw and appointing the Federal Public Defender or qualified counsel from the 

CJA panel to represent defendants Padilla and Vaught. The government waited until 18 

months after undersigned counsel began representing Mr. Padilla and seven months after 

undersigned counsel began representing Ms. Vaught when the defendants were originally 

indicted to engage in this conduct that has wrought havoc upon the defendants’ ability to 

defend themselves, retain counsel, retain experts, fund technical assistants to navigate the 

impenetrable maze of government disclosure, or take other measures to defend the case. If the 

motion to dismiss is denied, new counsel should be appointed as soon as practicable so that 

Case 2:18-cr-00422-DJH Document 501 Filed 03/15/19 Page 3 of 4
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4

they can begin to prepare to defend the case with necessary resources.

RESPECTFULLY SUBMITTED this 15th day of March, 2019.

PICCARRETA DAVIS KEENAN FIDEL PC

By: /s/ Michael L. Piccarreta

Michael L. Piccarreta

Attorney for Defendant Andrew Padilla

KARP & WEISS, P.C.

By: /s/ Stephen M. Weiss

Stephen M. Weiss

Attorney for Defendant Joye Vaught

CERTIFICATE OF SERVICE

I hereby certify that on the 15th 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:

Reginald Jones: Reginald.Jones@usdoj.gov

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

John Kucera: John.Kucera@usdoj.gov

Margaret Perlmeter: Margaret.Perlmeter@usdoj.gov

Kevin Rapp: Kevin.Rapp@usdoj.gov

Andrew Stone: Andrew.Stone@usdoj.gov

Thomas Bienert: tbienert@bmkattorneys.com

Paul Cambria: pcambira@lglaw.com

Robert Corn-Revere: bobcornrevere@dwt.com

Bruce Feder: bfeder@federlaw.com

James Grant: jimgrant@dwt.com

Michael D. Kimerer, mdk@kimerer.com

Gary Lincenberg: glincenberg@birdmarella.com

Case 2:18-cr-00422-DJH Document 501 Filed 03/15/19 Page 4 of 4