UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

v.

YEN CHAM YUNG

No. 20 CR 231

Rebecca R. Pallmeyer

Chief Judge 

GOVERNMENT’S UNOPPOSED MOTION FOR AN EXTENSION OF TIME 

TO RETURN INDICTMENT PURSUANT TO 18 U.S.C. § 3161(h)

The UNITED STATES OF AMERICA, by its attorney, JOHN R. LAUSCH, JR., 

United States Attorney for the Northern District of Illinois, respectfully moves this 

Court, without opposition from counsel for defendant, pursuant to 18 U.S.C. 

§ 3161(h)(7)(A), for a 62-day extension of time, to and including September 17, 2020, 

in which to seek the return of an indictment against defendant YEN CHAM YUNG, 

for the following reasons: 

1. On May 12, 2020, District Judge Robert M. Dow, Jr. (acting as 

emergency judge) issued a complaint and arrest warrant charging defendant with 

unlawful retention of national defense information and government in property, in 

violation of Tile 18, United States Code, Sections 793(e) and 641. Defendant was 

arrested on June 17, 2020, in Colorado. Defendant had an initial appearance in 

Colorado on June 22, 2020. Defendant was released on bond on June 23, 2020, and 

had his initial appearance in this district on June 30, 2020. Defendant remains on 

bond.
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2. The charges in this investigation are sensitive and the investigation is 

complex. The government is conducting a diligent investigation into this case, but 

certain factors have led to the government’s request for an extension of time to indict.

Those factors are stated in the Attachment hereto, which the government respectfully 

requests be placed under seal and filed ex parte. The government is requesting that 

the Attachment be sealed and filed ex parte so as not to compromise its ongoing 

investigation and so as not to reveal matters occurring before the Grand Jury.

3. The United States estimates that one 62-day extension from the current 

indictment deadline of July 17, 2020, to and including September 17, 2020, will be 

sufficient time within which to return an indictment in this matter.

4. Among the factors identified by Congress as relevant to the 

determination whether time should be extended for indictment are those set forth in 

18 U.S.C. ' 3161(h)(7)(B), which provide in relevant part:

Whether the case is so unusual or so complex, due to the number of 

defendants, the nature of the prosecution... that it is unreasonable to 

expect adequate preparation for pretrial proceedings or for the trial 

itself within the time limits established by this section.

Whether, in case in which arrest precedes indictment, delay in the filing 

of the indictment is caused because the arrest occurs at a time such that 

it is unreasonable to expect return and filing of the indictment within 

the period specified in section 3161(b), or because the facts upon which 

the grand jury must base its determination are unusual or complex. 

Whether the failure to grant such a continuance in a case which, taken 

as a whole, is not so unusual or so complex as to fall within clause (ii), 

would deny the Government the reasonable time necessary for effective 

preparation, taking into account the exercise of due diligence.
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18 U.S.C. §§ 3161(h)(7)(B)(ii), (iii), and (iv).

5. The government respectfully submits that one 62-day continuance is 

warranted in this complex case pursuant to the forgoing provisions. The government 

has been conducting a diligent and thorough investigation in this case, but the 

investigation concerns a complex matter involving the review of a significant number

of devices seized fromdefendant’s home, among other open issues.Due to the complex 

nature of this investigation, the government cannot complete its investigation and 

appropriately conclude the investigation within the time allowed under Section 

3161(b) of the Speedy Trial Act.

6. Counsel for defendant represented that he doesnot object to this motion. 

WHEREFORE, the United States respectfully requests one 62-day extension 

of time from July 17, 2020, to and including September 17, 2020, in which to seek 

an indictment in this case.

Dated: July 13, 2020 Respectfully submitted,

JOHN R. LAUSCH, JR.

United States Attorney

By: /s/ Rajnath Laud 

RAJNATH LAUD

Assistant United States Attorney

United States Attorney’s Office

219 South Dearborn Street

Chicago, Illinois 60604

(312) 469-6306