Case 0:10-cr-60194-JIC Document 1334

Entered on FLSD Docket 06/13/2011 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-CR-60194-JIC UNITED STATES OF AMERICA, vs. STEVEN STOLL, et. al., Defendant. _______________________________/ ORDER DENYING MOTION TO DISMISS THIS CAUSE is before the Court on Stolls Motion to Dismiss (Government Grand Jury Misconduct) [DE 1262] (Motion). The Court has reviewed the Motion, the Governments Response to Motion to Dismiss Counts in Indictment [DE 1289] (Response), Mr. Stolls Reply [DE 1321], and is otherwise advised in the premises. Mr. Stoll contends that the Court should dismiss Counts 26 through 33 and Count 1 of the Indictment based upon Government Grand Jury Misconduct. Motion at 1. Specifically, Mr. Stoll contends that the United States erroneously informed the Grand Jury that to violate 18 U.S.C. 1001-1002, the defendant must submit a false statement to the Department of Housing & Urban Development (HUD). Mr. Stoll further contends that the United States offered false testimony to the Grand Jury that Mr. Stoll indeed submitted false statements to HUD. Mr. Stoll acknowledges, however, that an individual may violate 18 U.S.C. 1001 without submitting a false statement to HUD, provided that a false document was made or used for a matter within the jurisdiction of a department or agency of the United States.1 Thus, assuming that the United States misinformed the Grand Jury

18 U.S.C. 1001(a) provides as follows: Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or

Case 0:10-cr-60194-JIC Document 1334

Entered on FLSD Docket 06/13/2011 Page 2 of 2

regarding the showing it needed to make to convict Mr. Stoll of violating 18 U.S.C. 1001, as well as the evidence that it had regarding Mr. Stolls actions, the United States purported misinformation served to make it more difficult to indict Mr. Stoll than it otherwise would have been. Mr. Stoll, therefore, suffered no prejudice from the United States alleged misconduct and his constitutional protections were not jeopardized.2 See Bank of Nova Scotia v. United States, 487 U.S. 250 (1988) (holding that as a general matter, a district court may not dismiss an indictment for errors in grand jury proceedings unless such errors prejudiced the defendants). Accordingly, it is ORDERED AND ADJUDGED that Stolls Motion to Dismiss (Government Grand Jury Misconduct) [DE 1262] is DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 13th day of June, 2011.

judicial branch of the Government of the United States, knowingly and willfully (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years. 18 U.S.C. 1002 provides that [w]hoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under this title or imprisoned not more than five years, or both. The United States maintains in its Response that Mr. Stoll has suffered no prejudice and Mr. Stoll does not contend otherwise in his Reply. 2
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