USA v. Lawson
Criminal Court Docket Sheet

District of Alaska

3:2016-cr-00121 (akd)

NOTICE to the Court Regarding the August 6, 2018 Evidentiary Hearing by USA as to Lawrence J. Lawson, Jr

BRYAN SCHRODER United States Attorney RETTA-RAE RANDALL Assistant U.S. Attorney LORI A. HENDRICKSON TIMOTHY M. RUSSO Trial Attorneys, U.S. Department of Justice, Tax Division Federal Building & U.S. Courthouse 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-1500 Email: RettaRae.Randall@usdoj.gov Email: Lori.A.Hendrickson@usdoj.gov Email: Timothy.M.Russo@usdoj.gov Attorneys for the Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,) No. 3:16-cr-00121-TMB-DMS) Plaintiff,) NOTICE TO THE COURT) REGARDING THE AUGUST 6, 2018 vs.) EVIDENTIARY HEARING) LAWRENCE J. LAWSON, JR.,)) Defendant.)) COMES NOW the United States of America, by and through undersigned counsel, and hereby files its Notice to the Court Regarding the August 6, 2018 Hearing. On March 21, 2018, Lawson's counsel sent the government an email requesting additional information and documents concerning the conflict of interest regarding Internal Revenue Service employee John Williamson. Among other things, his counsel also stated that "Dr. Lawson is entitled to discover evidence discussing the fact that an IRS agent had been in a romantic relationship with someone whom the IRS (wrongly) believed was later engaged in a romantic relationship with Dr. Lawson." On March 30, 2018, Lawson filed his "Motion for Compliance with Discovery Orders." Doc. 202. In that motion, Lawson stated, "The defense believes that the IRS agent in question and Tonya Naquin, Dr. Lawson's friend staying at the hangar, were at one point in a romantic relationship, that this relationship may have ended not too long before the investigation of Dr. Lawson, and that the IRS believed (wrongly) that Dr. Lawson and the IRS' agent's ex-girlfriend were in a romantic relationship." Id. at 8, n.3. Prior to March 21, 2018, the prosecutors on this case were not aware of Lawson's claim that someone at the IRS believed (either rightly or wrongly) that Lawson had been in a romantic relationship with Tonya Naquin.1 Similarly, they were not aware of any evidence in discovery suggesting the same. Special Agent Tonya Rhame did not recall hearing this claim either and had no recollection of obtaining evidence or statements concerning the claim. As such, in the government's April 13, 2018 response to Lawson's "Motion for Compliance with Discovery Orders," the government stated that it "does not understand the basis for this statement." Doc. 209 at 12-13. Likewise, when this issue arose during the May 17, 2018 evidentiary hearing on Lawson's Motion to Suppress Statements, the government stated, "They have speculated 1 Ms. Naquin now goes by her married name "Barber." To avoid confusion, the government will refer to her by her married name. U.S. v. Lawson 3:16-cr-00121-TMB-DMS Page 2 of 4 that we, the Government, believe that Dr. Lawson also had a romantic relationship with this tenant [Ms. Barber], and the Government doesn't have any knowledge of that. We're not sure where they got the idea. . . ." May 17, 2018 Tr. at 94:17-21. On August 3, 2018, the prosecutors met with SA Rhame to prepare for the August 6, 2018 evidentiary hearing and the upcoming trial. During that meeting, the prosecutors learned for the first time that SA Rhame took notes during a meeting that she had with Revenue Officer Amber Martinez in March 2013 and asked to review those notes. SA Rhame's notes from that meeting state, "Tonya N. dated Dr. Lawson 2008/2009." Several hours later, the government produced SA Rhame's notes to the defense, along with a declaration that SA Rhame wrote concerning her lack of a recollection regarding this issue. Attached for the Court's reference as Exhibit 1 and Exhibit 2, respectively, are SA Rhame's notes and her declaration. Prior to reviewing SA Rhame's notes from this interview on August 3, 2018, the prosecutors were not aware that any witness had made a statement regarding Dr. Lawson's alleged romantic relationship with Ms. Barber. RESPECTFULLY SUBMITTED August 3, 2018, at Anchorage, Alaska. BRYAN SCHRODER United States Attorney s/ Timothy M. Russo Trial Attorney U.S. Department of Justice U.S. v. Lawson 3:16-cr-00121-TMB-DMS Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that on August 3, 2018, a true and correct copy of the foregoing was served electronically on the following: All Counsel of Record s/ Timothy M. Russo U.S. Department of Justice, Tax Division U.S. v. Lawson 3:16-cr-00121-TMB-DMS Page 4 of 4

Exhibit Meeting notes of SA Tonya Rhame

Exhibit 1 SA0270. . . . . . . . . . u robora. . . . . . . . . . . . . . . . . . . . . . . eo Amber Dr. Cawson izved svu # M. . . . . . . . . . . . . . . . . no ETP. . . levied. . . . Sold property to Di Suerer → Title company ? Filed tax return through Service Center. . . . . . . assigned to D. Mashi Tonya Ni dated Dr. Causein 2008 / 2009 - . . . . . . . Met Ji kim z diozen timer SA0271 h. . . . 6. . bwtimore Financial Statement - n Jan coaching him Lawson never really had. . . . " made milions in. . real estate in swa - - - - - - - - - - . . . . . . . . - - HERE - - . . . . . . . . . . . Knows obligation for ETP - - - - - . = Dr. Suarez makes a lot. Nore than Lawson - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Said he had two mammoths in entry way - - - - - . . . . . - - - Insurance $ from book being detraged Nance on ins ca in file Case 3: 16 - cr - 001213TMB - DMS Document / 383 - 1 Filed 08 / 03 / 18 Page 3 of 3 PUHLRS ANIA

Exhibit Declaration of SA Tonya Rhame

Exhibit 2 DECLARATION OF TONYA RHAME I, Tonya Rhame, pursuant to Title 28, United States Code, Section 1746, hereby declare and state as follows: 1. While preparing for trial on August 3, 2018, in the case against Dr. Lawrence Lawson, I came across notes from contact I made with Revenue Officer Amber Martinez (now Amber Kimmel) shortly after accepting the criminal referral from the IRS Examination Division in March 2013. I had not remembered the details of the notes nor had I reviewed the notes since I took them. The purpose of the meeting with RO Martinez was to collect any records she maintained related to Dr. Lawson and to ask about her collection activities related to Dr. Lawson. At some point in early 2018, I discussed with the prosecution team whether I had any knowledge of Dr. Lawson having a romantic relationship with Tonya Naquin and I told them I was not aware of any romantic relationship between the two of them. 3. During the IRS criminal investigation of Dr. Lawson, I did not investigate whether an actual romantic relationship between Dr. Lawson and Tonya Naquin had occurred, and until my recollection was refreshed by the attached notes today, I did not recall discussing this issue with Amber Martinez. Pursuant to Title 28, United States Code, Section 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed on August 3, 2018. Tonya Rhame Declaration of Tonya Rhame Page 1 of 1 A0273

ORDER granting in part and denying in part {{273}} Motion for Discovery as to Lawrence J. Lawson Jr. (1). See Order for details. Signed by Judge Deborah M. Smith on 8/6/2018. (P-S, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA, Case No. 3:16-cr-00121-TMB-DMS Plaintiff, ORDER GRANTING IN PART DEFENDANT'S THIRD MOTION v. FOR DISCOVERY PURSUANT TO FED. R. CRIM. P. 16(A)(1) AND BRADY/GIGLIO [DOC. 273] LAWRENCE J. LAWSON, JR., Defendant. I. MOTION PRESENTED Dr. Lawrence J. Lawson, Jr. (Lawson), has been indicted on four counts of willful tax evasion in violation of 26 U.S.C. § 7201, and one count of corruptly obstructing the administration of the internal revenue laws in violation of 26 U.S.C. § 7212(a). (Doc. 252). Lawson now moves for a third order compelling the government to discover a number of materials under Federal Rule of Criminal Procedure 16, and Brady v. Maryland, 373 U.S. 83, 87 (1963). (Doc. 273). Lawson specifically requests that the government discover: 1.) Documents pertaining to John Williamson's influence on the investigation of Lawson, including any communications Williamson made to other IRS employees concerning Lawson, and all drafts of the September 6, 2011 referral of Dr. Lawson's case "from the Collections Division to Exam"; 2.) Any materials documenting when Revenue Agent Michael Zeznock became aware that Williamson entered a hangar owned by Lawson in 6 April 2012, and all communications between Zeznock, Fraud Technical Advisor Kris Kelly and GM Sonia Oen regarding Williamson's entry into the hangar; 3.) All IRS documents and communications related to the summonsing of Lawson or the development of a fraud case; 4.) All documents pertaining to the referral of Lawson's case to the IRS' Criminal Investigations Division, including all communications between Agent Zeznock, Sonia Oen and FTA Kelly regarding the same; 5.) All documents pertaining to any IRS' employees request for Lawson's original 2009 tax return, which has subsequently been lost or destroyed; and 6.) All documents pertaining to Alaska tax payers "who were selected for examination, and whose files contained badges of fraud, but were not referred to CI from 2003-2012. (Doc. 273 at 1-2). Finally, Lawson moves for an order compelling the government to identify all errors in Agent Zeznock's files. (Doc. 273 at 2). The government opposes, arguing that all of Lawson's discovery requests are moot, meritless or currently subject to the government's on-going efforts to obtain the requested materials. (Doc. 284). The government further contends that it has no obligation to search through RA Zeznock's civil examination file for unknown errors or mistakes. (Id. at 10-11). The parties have fully briefed the issues, and Lawson's Third Motion for Discovery is now ripe for resolution. United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 2 of 16 Order re Third Motion for Discovery (Doc. 273) Page 2 of 16 II. STATEMENT OF LEGAL AUTHORITY A. Constitutional Rights to Evidence—Brady and Giglio While there is "no general constitutional right to discovery in a criminal case," Weatherford v. Bursey, 429 U.S. 545, 559 (1977), the Due Process Clause of the Fifth Amendment requires that the government disclose to the defense evidence in its possession that is material and favorable to the accused, see Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196-97 (1963) (holding that "the suppression by the prosecution of evidence favorable to the accused upon request violates due process where the evidence is both material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution."). Favorable evidence includes not only exculpatory evidence but also impeachment evidence. Giglio v. United States, 405 U.S. 150, 155, 92 S. Ct. 763, 766 (1972) (reversing defendant's conviction and ordering a new trial because the prosecution "failed to disclose an alleged promise made to its key witness that he would not be prosecuted if he testified for the Government."). B. Statutory Rights to Evidence—Jencks Act The Jencks Act, codified at 18 U.S.C. § 3500 and included in the federal rules of criminal procedure as Rule 26.2, allows the defense to request a government witness's prior statements but places limitations on the timing of that discovery. Under the Jencks Act, no statement of a government witness is "subject to subpoena, discovery, or inspection until said witness has testified on direct examination in the trial of the case." 18 U.S.C. 3500(a). Indeed, even when the United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 3 of 16 Order re Third Motion for Discovery (Doc. 273) Page 3 of 16 defense "seeks evidence which qualifies as both Jencks Act and Brady material, the Jencks Act standards control." United States v. Jones, 612 F.2d 453, 455 (9th Cir. 1979); accord United States v. Taylor, 802 F.2d 1108, 1118 (9th Cir. 1986) (explaining that federal magistrate's pre-trial order for production of Jencks material ten days prior to trial was "unenforceable" as it was "inconsistent with the express provision of the Jencks Act"). The district court is free to grant a trial continuance so the defense has adequate time to review Jencks Act material when the government withholds it until trial. Taylor, 802 F.2d at 1118. C. Statutory Rights to Evidence--- Rule 16 The government also has affirmative duties under Rule 16(a)(1)(E) of the Federal Rules of Criminal Procedure to provide a defendant with evidence in its "possession, custody, or control" if: (i) the item is material to preparing the defense; (ii) the government intends to use the item in its case-in-chief at trial; or (iii) the item was obtained from or belongs to the defendant. Evidence is "material to preparing the defense" under Rule 16(a)(1)(E)(1) if it is relevant to the development of a possible defense, United States v. Soto-Zuniga, 837 F.3d 992, 1003 (9th Cir. 2016), or if it will enable the accused to "substantially alter the quantum of proof in his favor," United States v. Marhall, 532 F.2d 1279, 1285 (9th Cir. 1976) (citations omitted). The test is not whether the evidence would be admissible at trial; instead, evidence is material if it could lead to admissible evidence. Sota-Zuniga, 837 F.3d at 1003 (citing United States v. Hernandez–Meza, United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 4 of 16 Order re Third Motion for Discovery (Doc. 273) Page 4 of 16 720 F.3d 760, 768 (9th Cir. 2013). Although "[m]ateriality is a low threshold," Rule 16 does not permit fishing expeditions. Id. at 1001, 1003. In order to trigger the government's duty to disclose, the "defendant must make a prima facie showing of materiality" by presenting facts that demonstrate that the evidence sought would be helpful to preparing a defense. United States v. Lucas, 841 F.3d 796, 804 (9th Cir. 2016) (internal citations and quotation marks omitted). D. When is evidence deemed to be within the possession or control of the prosecution? Under Brady and Rule 16, the prosecution is only obligated to discover evidence in its actual or constructive possession. United States v. Santiago, 46 F.3d 885, 893 (9th Cir. 1995); United States v. Bryan, 868 F.2d 1032, 1037 (9th Cir. 1989). Although the text of Rule 16(a)(1)(E) only requires discovery of evidence "within the government's possession, custody or control," the Ninth Circuit requires the government to discover any material evidence, which the prosecutor has knowledge of and access to. United States v. Bryan, 868 F.2d 1032, 1036 (9th Cir. 1989); see also United States v. Ross, 372 F.3d 1097, 1111 (9th Cir. 2004), on reh'g in part, 138 F. App'x 902 (9th Cir. 2005). The prosecution is generally "deemed to have knowledge of and access to anything in the possession, custody or control of any federal agency participating in the same investigation of the defendant." United States v. Bryan, 868 F.2d 1032, 1036 (9th Cir. 1989). "[A]ctual awareness (or lack thereof) of exculpatory evidence in the government's hands,[…] is not determinative of the prosecution's disclosure United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 5 of 16 Order re Third Motion for Discovery (Doc. 273) Page 5 of 16 obligations." United States v. Price, 566 F.3d 900, 909 (9th Cir. 2009) (internal citation and quotation marks omitted). "Rather, the prosecution has a duty to learn of any […] evidence known to others acting on the government's behalf." Id. (emphasis original). However, the fact that a federal agency has participated in the investigation is a "sufficient, but not necessary, factor to show that the prosecution was in 'possession' of the agency's information" under the Ninth Circuit's knowledge and access test. United States v. Santiago, 46 F.3d 885, 893 (9th Cir. 1995). Material evidence held by federal agencies not directly involved in the investigation is discoverable whenever the prosecutor has knowledge of and access to the materials sought. United States v. W.R. Grace, 401 F. Supp. 2d 1069, 1075 (D. Mont. 2005) (citing Santiago 46 F.3d at 893); see also United States v. Shryock, 342 F.3d 948, 983 (9th Cir. 2003) ("Prosecutors must turn over Brady materials when the prosecutors have knowledge of and access to the documents sought by the defendant."). III. ANALYSIS A. Lawson Is Entitled to Any Additional Evidence Pertaining to Agent Williamson's Influence on the Investigation In his Second Motion for Discovery, Lawson moved the Court to order the government to produce all documents pertaining to the conflict of interest that resulted in Agent Williamson's 1 removal from this case. (Doc. 112). The Court 1 At that time, Agent Williamson was referred to by both parties by his intra-agency identifier, "ROGM 41." (See Doc. 112). United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 6 of 16 Order re Third Motion for Discovery (Doc. 273) Page 6 of 16 subsequently ordered the government to discover all Rule 16 material pertaining to Williamson's removal from the case not exempted from disclosure under Rule 16(a)(2). (Doc. 157 at 7-9). During the May 17, 2018 evidentiary hearing on Lawson's pending motion to suppress, the Court learned that Agent Williamson entered into one of Lawson's airplane hangars without a warrant. (Doc. 224 at 82-83). According to the government, he did so to "check on" an ex-girlfriend who was renting space in the hangar. (See id.). Upon hearing this proffer, the Court ordered the government to obtain and file all discovery concerning Williamson's entry into Lawson's hangar with the Court for in camera review. (Doc. 82). The government complied, and, after reviewing the materials, the Court ordered the government to discover the majority of the documents pertaining to Williamson's entry into the hangar by July 13, 2018. (Docs. 287 (sealed); 305 (ex parte); 306 (ex parte)). The government discovered these documents to the defense on July 12, 2018. (Doc. 326). However, on June 22, 2018—before this Court received the documents regarding Agent Williamson's entry into the hangar—Lawson filed the instant motion. (Doc. 273). In his motion, Lawson moves for an order compelling the government to discover any documents related to Williamson's influence on the investigation of Lawson, including all communications between Williamson and other IRS employees regarding Lawson. (Id. at 1). Lawson contends that such materials are relevant to the claim, made in his Motion to Dismiss Indictment (Doc. United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 7 of 16 Order re Third Motion for Discovery (Doc. 273) Page 7 of 16 254), that Williamson's personal bias against Lawson tainted the investigation and the IRS' decision to pursue a criminal action. (Doc. 273 at 12). The government does not contest the discoverability of the requested material. Instead, it argues that Lawson's request is moot in light of the discovery Lawson had received as of June 27, 2018, and any additional evidence, which the government might be ordered to produce pursuant to the Court's in camera review. (Doc. 284 at 4). The government represents that, on October 26, 2017, it discovered all documents contained in the IRS' files on Lawson and his corporate entities, along with all available 2 Jencks materials. (Id.). Lawson's request for materials related to Agent Williamson's influence on the IRS' investigation of Lawson is GRANTED. If any such evidence exists, it would be discoverable under Rule 16(a)(1)(E)(i) as potentially relevant to Lawson's claim that the indictment should be dismissed because of Williamson's entry into his hangar, and what Lawson characterizes as a government attempt to hide the fact of Williamson's entry. See United States v. Muniz-Jaquez, 718 F.3d 1180, 1183 (9th Cir. 2013) ("Rule 16 is thus broader than Brady. Information that is not exculpatory or impeaching may still be relevant to developing a possible defense"). As outlined, supra, this Court has already ordered the government to produce all discoverable materials related to Williamson's removal from the case, (Doc. 157 at 7-9), and Williamson's entry into Lawson's hangar, (Doc. 287 (sealed); Docs. 305 2The government represents that it has, as of June 27, 2018, been unable to obtain all of Fraud Technical Advisor Kris Kelly's emails. (Doc. 284 at 4). United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 8 of 16 Order re Third Motion for Discovery (Doc. 273) Page 8 of 16 (ex parte); 306 (ex parte)). In light of the government representation that it has complied with the Court's previous discovery orders, discovered the IRS' records of the audit of and collection action against Lawson, and provided all available Jencks materials, the defense's request for discovery pertaining to Williamson's influence on the investigation appears to be moot at this time. With that said, the government remains subject to an on-going duty to comply with this Court's discovery orders, as well as a self-executing duty to produce any materials discoverable under Brady, Giglio, or Rule 16(a)(1)(E)(i)'s mandate that the prosecution produce all evidence potentially material to Lawson's defenses. See Kyles v. Whitley, 514 U.S. 419, 433 (1995). If and when the prosecution, or its agents, discover that there is additional, undisclosed evidence concerning Agent Williamson's influence on the investigation, the government should immediately review the material for discoverable evidence, and alert the defense of its findings. B. The Government Must Discover Any Additional Discovery Concerning the Aftermath of Williamson's Entry Into the Hangar In the instant motion, Lawson also requests that the government discover all material concerning when Agent Zeznock became aware that Williamson had entered Lawson's hangar, and all communications between the case agents regarding Williamson's entry. (Doc. 273 at 14). The government does not dispute the discoverability of such evidence, but opposes on the ground that it has already discovered all responsive materials in its possession. (Doc. 284 at 6). As explained in Section III(A), supra, this Court has already ordered the United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 9 of 16 Order re Third Motion for Discovery (Doc. 273) Page 9 of 16 government to produce all relevant, discoverable evidence in its possession concerning Agent Williamson's entry into Lawson's hangar. (Docs. 287 (sealed); 305 (ex parte); 306 (ex parte)). Furthermore, the government represents that it has discovered all available Jencks materials, and the IRS' files on the investigation of Lawson and his corporate entities. (Doc. 284 at 5). Accordingly, Lawson's Third Motion for Discovery is moot to the extent it seeks an order compelling the government to provide discovery concerning Agent Zeznock's awareness of Williamson's entry, and all communications regarding the entry made by the agents assigned to Lawson's case. However, should the government later find such evidence, it would be discoverable under Rule 16(a)(1)(E)(i) as potentially relevant to Lawson's claim that the indictment should dismissed because of Williamson's entry into the hangar, and, what Lawson claims amounted to a government cover-up of the entry. Accordingly, Lawson's motion to compel discovery of any internal communications regarding Williamson's entry into the hangar, and any evidence concerning Agent Zeznocks' awareness of the entry, is GRANTED. If the government later finds evidence responsive to Lawson's request, it should immediately review the evidence for discoverable materials, and notify the defense. C. Any Additional Evidence Regarding the IRS' Development of a Fraud Case Is Discoverable as Potentially Relevant to Lawson's Motion to Suppress Statements Lawson also requests that the Court order the government to discover any evidence regarding the IRS' development of its fraud case against Lawson. (Doc. 273 United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 10 of 16 Order re Third Motion for Discovery (Doc. 273) Page 10 of 16 at 14-15). Specifically, Lawson requests an order compelling the government to disclose all email communications between the case agents related to a determination of whether Lawson was at fault for the tax evasion alleged in the indictment, and the IRS' decision to not use a summons to investigate Lawson and his corporate entities. (Id.). The government opposes, but again, does not dispute that such evidence is discoverable. Instead, it proffers that it has already discovered all Jencks Act material, i.e., all prior witness statements, and the IRS' files on the Lawson investigation. Based on the government's representations, Lawson's request appears moot at this juncture. However, should the government later become aware of any evidence responsive to Lawson's request, such material would be discoverable as potentially relevant to Lawson's claim—made in his pending Motion to Suppress—that any statements he made to Agent Zeznock on, or after, July 10, 2012 must be suppressed because the IRS affirmatively and intentionally mislead him about the criminal nature of the investigation into his finances. (Doc. 185 at 6-15). For this reason, Lawson's third discovery motion is GRANTED. Any evidence regarding the IRS' development of a fraud case against Lawson is discoverable under Rule 16(a)(1)(E)(i) as potentially material to Lawson's defense. See United States v. Doe, 705 F.3d 1134, 1151 (9th Cir. 2013) ("Even if the documents [requested under Rule 16] caused [defendant] to completely abandon [his] entrapment defense and take an entirely different path, the documents would United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 11 of 16 Order re Third Motion for Discovery (Doc. 273) Page 11 of 16 still have been 'material to preparing the defense' under Rule 16(a)(1)(E)(i)."). D. Lawson's Request for Additional Evidence Regarding the IRS' Referral of the Case to Its Criminal Division Is Moot Lawson also requests evidence pertaining to the IRS' Civil Division's decision to refer Lawson's case for a criminal investigation. (Doc. 273 at 15). Again, the government does not dispute the discoverability of such evidence, but represents that it has already discovered all responsive material in its possession. Lawson's request is GRANTED for the reasons stated in Section III(C), supra. Any evidence pertaining to the IRS' Civil Division's decision to refer the case to the IRS' Criminal Investigations Division is potentially relevant to Lawson's claims in his Motion to Suppress Statements (Doc. 185), and is thus discoverable pursuant to Federal Rule of Criminal Procedure 16(a)(1)(E)(i). Although Lawson's request appears to be moot in light of the government's representations, Lawson is entitled to such evidence in the event the government later obtains or becomes aware of any additional, responsive evidence. E. The Government Has Already Been Ordered to Produce Documents Pertaining to the Loss of Lawson's Original 2009 Tax Return In the instant motion, Lawson requests that the government produce all documents related to Agent Zeznock's request for Lawson's lost 2009 form 1040 tax return. (Doc. 273 at 16-17). As the government notes, this Court has already ordered the government to obtain and discover "all information held by any branch of the IRS that investigated Lawson pertaining to the loss of his original 2009 tax return." (See Doc. 156 at 21). The government represents that it has complied with United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 12 of 16 Order re Third Motion for Discovery (Doc. 273) Page 12 of 16 this order. (Doc. 284 at 7-8). In light of the government's representations, Lawson's request for evidence pertaining to Agent Zeznock's request for Lawson's original 2009 tax return is moot. However, Lawson's discovery request is GRANTED to the extent that evidence relating to Agent Zeznock's request for Lawson's original 2009 tax return may fall outside of the scope of the Court's order at Docket 156. Should the government later find any materials regarding Zeznock's request for the original tax return, the government must discover said evidence to the defense. F. The Government Is Not Obligated to Search Confidential Third- Party Tax Records to Further a Defense Investigation Lawson also requests that the government be ordered to produce "all documents and materials related to Alaska taxpayers who were selected for examination and whose files contained badges of fraud but were not referred to CI from 2003-2012." (Doc. 273 at 17). As the government notes, (Doc. 284 at 8-11), this Court concluded in its Order Granting in Part Defendant's Motion for Discovery Pursuant to Fed. R. Crim. P. 16(A)(1) that the prosecution is not deemed, for criminal discovery purposes, to be in possession of all confidential, thid-party tax records kept by the IRS, and the government has no duty to conduct an additional investigation at the defendant's request. (Doc. 156 at 7-16). In the instant motion, Lawson neither contests nor acknowledges this Court's prior discovery order. Accordingly, Lawson's motion is DENIED as meritless for the reasons stated in sections III(A)-(B), (D) of the Court's order at Docket 156. The prosecution team in this case does not possess, i.e., have knowledge of and access to, United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 13 of 16 Order re Third Motion for Discovery (Doc. 273) Page 13 of 16 the entirety of the IRS' archives of. See, e.g., United States v. Desage, 229 F. Supp. 3d 1209, 1215 (D. Nev. 2017) ("I also decline Desage's invitation to issue an order requiring the government to apply for disclosure of the tax returns under § 6103(h) so that Desage can then obtain the records via Rule 16."); United States v. Recognition Equip. Inc., 720 F. Supp. 13, 14 (D.D.C. 1989) ("Accordingly, under the statutory scheme, this Court cannot order the disclosure of such information pursuant to defendants' motion."); United States v. Robertson, 634 F. Supp. 1020, 1028 (E.D. Cal. 1986), aff'd, 815 F.2d 714 (9th Cir. 1987) ("Only after the Justice Department obtains possession of the return information does subdivision (4)(D) permit discovery under Rule 16."); but see United States v. Prokop, No. 2:09-CR- 00022-MMD, 2012 WL 2375001 (D. Nev. June 22, 2012) (affirming magistrate judge's ruling that the government was obligated to discover all material post-2004 audit files held by the IRS' civil and criminal divisions as not clearly erroneous). G. The Government Is Ordered to Disclose Any Known Errors Contained in the Discovery It Has Provided Finally, Lawson's request that the government be ordered to identify all mistakes in any document authored by Agent Zeznock. (Doc. 273 at 17-18). Citing to United States v. Howell, 231 F.3d 615 (9th Cir. 2000), Lawson contends that the government has a duty to alert the defense to any material mistakes in previously discovered evidence. (Id.). In Howell, the prosecutor was aware that two separate police reports discovered to the defense contained the same material mistake. 231 F.3d at 623. The police reports erroneously stated that approximately $2,000 was seized from a United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 14 of 16 Order re Third Motion for Discovery (Doc. 273) Page 14 of 16 co-defendant, when, in fact, the cash had been seized from the defendant himself. Id. at 623. However, the prosecutor did not disclose this mistake to the defense before trial, and remained silent while the defendant's attorney detrimentally relied on the erroneous reports in his opening statement. Id. at 624. On appeal, the Ninth Circuit concluded that the prosecution violated Criminal Rule 16 by failing to disclose the mistakes before trial. Howell, 231 F.3d at 625. Interpreting Rule 16, the court held "when a prosecutor discovers material mistakes in police reports already turned over to the defense, the prosecutor must take appropriate steps promptly to notify the defense of the mistakes." Id. at 626. Under Howell, the government has an on-going duty to alert the defense to any material mistakes it finds in its evidence. Accordingly, Lawson's motion is GRANTED to the extent it seeks an order compelling the government to promptly disclose to the defense any material mistakes of which the government is, or later becomes, aware. However, Lawson's motion is DENIED to the extent it can be construed as a motion to compel the government to conduct a review of Agent Zeznock's work for errors. See United States v. Tagupa, No. CR130055303JMS03, 2015 WL 6757526, at *6 (D. Haw. Nov. 4, 2015) ("Accordingly, Howell is best read to apply only to the narrow context where there was government action to 'throw the defendant off the path of the alleged Brady information,' id., such as by failing to correct a known mistake regarding evidence the government provided to the defense."). United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 15 of 16 Order re Third Motion for Discovery (Doc. 273) Page 15 of 16 IV. CONCLUSION For the foregoing reasons, Lawson's Third Motion for Discovery Pursuant to Fed. R. Crim. P. 16(A)(1) and Brady/Giglio (Doc. 274) is GRANTED IN PART. The government is ORDERED to discover any additional evidence potentially relevant to any of Lawson's defenses in the event it later becomes aware of such evidence. See Sections III(A)-(E). The government is further ORDERED to immediately disclose any known material mistakes in the evidence it has provided in discovery, and to immediately alert the defense in the event the government becomes aware of any additional, material mistakes. Section III(G), supra. Lawson's motion is denied in all other respects. The government is again admonished to continue to carefully and diligently execute its discovery obligations under Brady, Giglio, the Jencks Act and Criminal Rule 16. IT IS SO ORDERED this 6th day of August, 2018. /s/ Deborah M. Smith CHIEF U.S MAGISTRATE JUDGE United States v. Lawson 3:16-cr-00121-TMB-DMS Case 3:16-cr-00121-TMB-DMS Document 385 Filed 08/06/18 Page 16 of 16 Order re Third Motion for Discovery (Doc. 273) Page 16 of 16

Minute Entry for proceedings held before Judge Deborah M. Smith: Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) as to Lawrence J. Lawson, Jr held on 8/6/2018. Witnesses sworn. Exhibits admitted. Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for 8/7/2018 at 9:00 a.m. in Courtroom 2 before Deborah M. Smith. APPEARANCES: Defendant Not Present, On Bond; Retta-Rae Randall, AUSA; Timothy M. Russo, AUSA; Lori A. Hendrickson, AUSA; Ariana Seldman Hawbecker, Retained; John L. Littrell, Retained. cc: USM, USPO

MINUTES OF THE UNITED STATES DISTRICT COURT DISTRICT OF ALASKA U.S.A. vs. LAWRENCE J. LAWSON CASE NO. 3:16-cr-00121-TMB-DMS Defendant: X Not Present X On Bond BEFORE THE HONORABLE: DEBORAH M. SMITH DEPUTY CLERK: CAMILLE WHITE OFFICIAL REPORTER: R. JOY STANCEL UNITED STATES' ATTORNEY: LORI HENDRICKSON, TIMOTHY M. RUSSO, RETTA-RAE RANDALL DEFENDANT'S ATTORNEY: JOHN L. LATTRELL ARIANA SELDMAN HAWBECKER PROCEEDINGS: CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/ MOTION TO DISMISS INDICTMENT (DKT 254) HELD AUGUST 6, 2018 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - At 9:08 a.m. court convened. Court and counsel heard re production of discovery, all outstanding orders ruled upon and protective orders. Clerk informed the Court of technical difficulties. At 9:25 a.m. court recessed until 9:26 a.m. Opening statements heard. Defendant's exhibits HH, JJ and YY IDENTIFIED. John Williamson sworn and testified on behalf of Defendant. Plaintiff's exhibits 25, 30 ADMITTED. Defendant's exhibit G ADMITTED. Defendant's sealed exhibits B, C, E, F ADMITTED. Court and counsel heard re exhibits admitted under seal. Any passages relied upon by the Court for ruling will be opened to the public. At 11:53 Court recessed until 1:14 p.m. Continued to Page 2 (Revised 1-29-2015) CONTINUATION PAGE 2 U.S.A. vs. LAWRENCE J. LAWSON 3:16-cr-00121-TMB-DMS CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/ MOTION TO DISMISS INDICTMENT (DKT 254) AUGUST 6, 2018 ----------------------------------------------------------------- John Williamson resumed the stand and testified further on behalf of the defendant. At 3:03 p.m. court recessed until 3:16 p.m. Court and counsel heard re Plaintiff's exhibit 30; ADMITTED. Court and counsel heard re scheduling. Sonia Oen sworn and testified on behalf of the Plaintiff. Plaintiff's exhibits 34 and 35 ADMITTED. Amber Kimmel sworn and testified on behalf of the Defendant. Plaintiff's exhibit 33 ADMITTED. Defendant's exhibits WW and XX ADMITTED. Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for August 7, 2018 at 9:00 a.m. At 5:04 p.m. court adjourned. DATE: August 6, 2018 DEPUTY CLERK'S INITIALS: __ACW (Revised 1-29-2015)

AMENDED MINUTE ENTRY: The parties are advised that the minute entry as to Lawrence J. Lawson, Jr: {{388}} Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) is amended as follows: Minute Entry for proceedings held before Judge Deborah M. Smith: Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) as to Lawrence J. Lawson, Jr held on 8/6/2018. Witnesses sworn. Exhibits admitted. Continue d Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for 8/7/2018 at 9:00 a.m. in Courtroom 2 before Deborah M. Smith. APPEARANCES: Defendant Not Present, On Bond; Retta-Rae Randall, AUSA; Timothy M. Russo, AUSA; Lori A. Hendrickson, AUSA; Ariana Seldman Hawbecker, Retained; John L. Littrell, Retained;*R. Joy Stancel, Official Reporter. cc: USM, USPO

MINUTES OF THE UNITED STATES DISTRICT COURT DISTRICT OF ALASKA U.S.A. vs. LAWRENCE J. LAWSON CASE NO. 3:16-cr-00121-TMB-DMS Defendant: X Not Present X On Bond BEFORE THE HONORABLE: DEBORAH M. SMITH DEPUTY CLERK: CAMILLE WHITE OFFICIAL REPORTER: R. JOY STANCEL UNITED STATES' ATTORNEY: LORI HENDRICKSON, TIMOTHY M. RUSSO, RETTA-RAE RANDALL DEFENDANT'S ATTORNEY: JOHN L. LATTRELL ARIANA SELDMAN HAWBECKER PROCEEDINGS: CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/ MOTION TO DISMISS INDICTMENT (DKT 254) HELD AUGUST 6, 2018 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - At 9:08 a.m. court convened. Court and counsel heard re production of discovery, all outstanding orders ruled upon and protective orders. Clerk informed the Court of technical difficulties. At 9:25 a.m. court recessed until 9:26 a.m. Opening statements heard. Defendant's exhibits HH, JJ and YY IDENTIFIED. John Williamson sworn and testified on behalf of Defendant. Plaintiff's exhibits 25, 30 ADMITTED. Defendant's exhibit G ADMITTED. Defendant's sealed exhibits B, C, E, F ADMITTED. Court and counsel heard re exhibits admitted under seal. Any passages relied upon by the Court for ruling will be opened to the public. At 11:53 Court recessed until 1:14 p.m. Continued to Page 2 (Revised 1-29-2015) CONTINUATION PAGE 2 U.S.A. vs. LAWRENCE J. LAWSON 3:16-cr-00121-TMB-DMS CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/ MOTION TO DISMISS INDICTMENT (DKT 254) AUGUST 6, 2018 ----------------------------------------------------------------- John Williamson resumed the stand and testified further on behalf of the defendant. At 3:03 p.m. court recessed until 3:16 p.m. Court and counsel heard re Plaintiff's exhibit 30; ADMITTED. Court and counsel heard re scheduling. Sonia Oen sworn and testified on behalf of the Plaintiff. Plaintiff's exhibits 34 and 35 ADMITTED. Amber Kimmel sworn and testified on behalf of the Defendant. Plaintiff's exhibit 33 ADMITTED. Defendant's exhibits WW and XX ADMITTED. Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for August 7, 2018 at 9:00 a.m. At 5:04 p.m. court adjourned. DATE: August 6, 2018 DEPUTY CLERK'S INITIALS: __ACW (Revised 1-29-2015)

Minute Entry for proceedings held before Judge Deborah M. Smith: Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) as to Lawrence J. Lawson, Jr held on 8/7/2018. Witnesses sworn. Exhibits admitted. Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for 8/8/2018 at 9:00 a.m. in Courtroom 2 before Deborah M. Smith. APPEARANCES: Defendant Not Present, On Bond; Retta-Rae Randall, AUSA; Timothy M. Russo, AUSA; Lori A. Hendrickson, AUSA; Ariana Seldman Hawbecker, Retained; John L. Littrell, Retained; R. Joy Stancel, Official Reporter. cc: USM, USPO

MINUTES OF THE UNITED STATES DISTRICT COURT DISTRICT OF ALASKA U.S.A. vs. LAWRENCE J. LAWSON CASE NO. 3:16-cr-00121-TMB-DMS Defendant: X Not Present X On Bond BEFORE THE HONORABLE: DEBORAH M. SMITH DEPUTY CLERK: CAMILLE WHITE OFFICIAL REPORTER: R. JOY STANCEL UNITED STATES' ATTORNEY: LORI HENDRICKSON, TIMOTHY M. RUSSO, RETTA-RAE RANDALL DEFENDANT'S ATTORNEY: JOHN L. LATTRELL ARIANA SELDMAN HAWBECKER PROCEEDINGS: CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/ MOTION TO DISMISS INDICTMENT (DKT 254) HELD AUGUST 7, 2018 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - At 9:01 a.m. court convened. Court and counsel heard re scheduling and witness availability. Amber Kimmel resumed the stand and testified further on behalf of defendant. Plaintiff's exhibits 36, 37, 38 and 41 ADMITTED. At 10:35 a.m. court recessed until 10:41 a.m. Michael Zeznock sworn and testified on behalf of defendant. Plaintiff's exhibit 40 ADMITTED. Defendant's exhibits M, T, U, V, W ADMITTED. At 11:53 a.m. court recessed until 1:22 p.m. Michael Zeznock resumed the stand and testified further on behalf of defendant. Tonya Rhame sworn and testified on behalf of defendant. Defendant's exhibits AA and CC IDENTIFIED. Defendant's exhibits Z, FF, HH, II, JJ, and BBB ADMITTED. Continued to Page 2 (Revised 1-29-2015) CONTINUATION PAGE 2 U.S.A. vs. LAWRENCE J. LAWSON 3:16-cr-00121-TMB-DMS CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/ MOTION TO DISMISS INDICTMENT (DKT 254) AUGUST 7, 2018 ----------------------------------------------------------------- Tonya Barber sworn and testified on behalf of defendant. Defendant's exhibit NN ADMITTED. Chris Harris sworn and testified on behalf of plaintiff. Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for August 8, 2018 at 9:00 a.m. At 4:32 p.m. court adjourned. DATE: August 7, 2018 DEPUTY CLERK'S INITIALS: _ ACW (Revised 1-29-2015)

TRANSCRIPT REQUEST by Lawrence J. Lawson, Jr

AO 435 Administrative Office of the United States Courts FOR COURT USE ONLY (Rev. 04/1 TRANSCRIPT ORDER DUE DATE: Please Read Instructions: 1. NAME 2. PHONE NUMBER 3. DATE 4. MAILING ADDRESS 5. CITY 6. STATE 7. ZIP CODE 8. CASE NUMBER 9. JUDGE DATES OF PROCEEDINGS 10. FROM 11. 12. CASE NAME LOCATION OF PROCEEDINGS 13. CITY 14. 15. ORDER FOR APPEAL CRIMINAL CRIMINAL JUSTICE ACT BANKRUPTCY NON-APPEAL CIVIL IN FORMA PAUPERIS OTHER (Specify) 16. TRANSCRIPT REQUESTED (Specify portion(s) and date(s) of proceeding(s) for which transcript is requested) PORTIONS DATE(S) PORTION(S) DATE(S) VOIR DIRE TESTIMONY (Specify Witness) OPENING STATEMENT (Plaintiff) OPENING STATEMENT (Defendant) CLOSING ARGUMENT (Plaintiff) PRE-TRIAL PROCEEDING (Spcy) CLOSING ARGUMENT (Defendant) OPINION OF COURT JURY INSTRUCTIONS OTHER (Specify) SENTENCING BAIL HEARING 17. ORDER ORIGINAL ADDITIONAL CATEGORY (Includes Certified Copy to Clerk FIRST COPY NO. OF PAGES ESTIMATE COSTS for Records of the Court) COPIES NO. OF COPIES ORDINARY $3.65 p NO. OF COPIES 14-Day $4.25 NO. OF COPIES EXPEDITED $4.85 NO. OF COPIES 3-Day $5.45 NO. OF COPIES DAILY $6.05 NO. OF COPIES HOURLY $7.25 REALTIME Call for info CERTIFICATION (18. & 19.) By signing below, I certify that I will pay all charges ESTIMATE TOTAL (deposit plus additional). 18. SIGNATURE PROCESSED BY 19. DATE PHONE NUMBER TRANSCRIPT TO BE PREPARED BY COURT ADDRESS DATE BY ORDER RECEIVED DEPOSIT PAID DEPOSIT PAID TRANSCRIPT ORDERED TOTAL CHARGES TRANSCRIPT RECEIVED LESS DEPOSIT ORDERING PARTY NOTIFIED TO PICK UP TRANSCRIPT TOTAL REFUNDED PARTY RECEIVED TRANSCRIPT TOTAL DUE DISTRIBUTION: COURT COPY TRANSCRIPTION COPY ORDER RECEIPT ORDER COPY

Joint STIPULATION re Scheduling by USA as to Lawrence J. Lawson, Jr.

BRYAN SCHRODER United States Attorney RETTA-RAE RANDALL Assistant U.S. Attorney LORI A. HENDRICKSON TIMOTHY M. RUSSO Trial Attorneys, U.S. Department of Justice, Tax Division Federal Building & U.S. Courthouse 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-1500 Email: RettaRae.Randall@usdoj.gov Email: Lori.A.Hendrickson@usdoj.gov Email: Timothy.M.Russo@usdoj.gov Attorneys for the Plaintiff S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com STOEL RIVES LLP 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Ariana Seldman Hawbecker, Cal. Bar No. 190506 (admitted pro hac vice) ahawbecker@bmkattorneys.com John L. Littrell, Cal. Bar No. 221601 (admitted pro hac vice) jlittrell@bmkattorneys.com BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. JOINT STIPULATION Case 3:16-cr-00121-TMB-DMS RE 393 Document SCHEDULING Filed 08/10/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, PARTIES' JOINT PROPOSED SCHEDULE v. LAWRENCE J. LAWSON, JR. Defendant. Consistent with the Court's discussion with the parties at the status conference held on August 8, 2018, Defendant, Dr. Lawson, and Plaintiff, the United States of America, via their counsel of record, agree upon the following joint schedule based upon a trial beginning on Monday March 11, 2019, lasting approximately three weeks, through Thursday March 28, 2019 (based on four days of trial each week): 1. A status conference is requested in early November 2018. 2. A status conference is requested in the middle of January 2019. 3. All disclosures which tend to affect adversely the credibility of a government witness and all disclosures required by Giglio v. United States, 405 U.S. 150 (1972), which are not included in witness statements, shall be produced by the government no later than February 22, 2019. 4. The final pretrial conference is requested on or after Monday March 4, 2019 (to avoid logistical problems booking flights or hotel rooms around the start of the 2019 Iditarod Trail Sled Dog Race, which begins on Saturday March 2, 2019). JOINT STIPULATION Case 3:16-cr-00121-TMB-DMS RE 393 Document SCHEDULING Filed 08/10/18 Page 2 of 3 Dated: August 10, 2018 s/Lori A. Hendrickson (per 8/10 email authorization) Ariana Seldman Hawbecker John L. Littrell BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, CA 92673 T: (949) 369-3700 F: (949) 369-3701 Counsel to Lawrence J. Lawson, Jr. Dated: August 10, 2018 BRYAN SCHRODER United States Attorney s/Lori A. Hendrickson LORI A. HENDRICKSON Trial Attorney U.S. Department of Justice, Tax Division 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 T: (907) 271-5071 F: (907) 271-1500 Counsel for the United States JOINT STIPULATION Case 3:16-cr-00121-TMB-DMS RE 393 Document SCHEDULING Filed 08/10/18 Page 3 of 3

Minute Entry for proceedings held before Judge Deborah M. Smith: Continued Evidentiary Hearing on Motion to Suppress {{185}} /Motion to Dismiss Indictment {{254}} as to Lawrence J. Lawson, Jr held on 8/8/2018. Witnesses sworn. Arguments heard. Court and counsel heard re additional briefing and deadlines. Court directed clerk to order an expedited transcript of proceedings.

MINUTES OF THE UNITED STATES DISTRICT COURT DISTRICT OF ALASKA U.S.A. vs. LAWRENCE J. LAWSON CASE NO. 3:16-cr-00121-TMB-DMS Defendant: X Not Present X On Bond BEFORE THE HONORABLE: DEBORAH M. SMITH DEPUTY CLERK: CAMILLE WHITE OFFICIAL REPORTER: R. JOY STANCEL UNITED STATES' ATTORNEY: LORI HENDRICKSON, TIMOTHY M. RUSSO, RETTA-RAE RANDALL DEFENDANT'S ATTORNEY: JOHN L. LATTRELL ARIANA SELDMAN HAWBECKER PROCEEDINGS: CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/ MOTION TO DISMISS INDICTMENT (DKT 254) HELD AUGUST 8, 2018 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - At 9:05 a.m. court convened. Jacqueline Siegel sworn and testified on behalf of the plaintiff. Plaintiff's exhibit 29 ADMITTED. Closing arguments heard. At 10:15 a.m. court recessed until 10:21 a.m. Court and counsel heard re additional briefing. Court ordered parties to file briefs by September 5, 2018. Government's brief re Mr. Kolanges due by August 22, 2018; Defendant's reply due by September 5, 2018. Court and counsel heard re jury trial set before Judge Burgess and government's intent to request for continuance. Court ordered defendant to provide TIGTA fees to the court by August 31, 2018. Continued to page 2 (Revised 1-29-2015) CONTINUATION PAGE 2 U.S.A. vs. LAWRENCE J. LAWSON 3:16-cr-00121-TMB-DMS CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/ MOTION TO DISMISS INDICTMENT (DKT 254) AUGUST 8, 2018 ----------------------------------------------------------------- Motion to Suppress (dkt 185) and Motion to Dismiss Indictment (dkt 254) matters to be taken UNDER ADVISEMENT pending receipt of briefs, written rulings to issue. Court directed clerk to order an expedited transcript of proceedings. At 11:07 a.m. court adjourned. OFF RECORD: Copies of all admitted exhibits forwarded to the Court. List of Witnesses and List of Exhibits to be filed separately. DATE: August 8, 2018 DEPUTY CLERK'S INITIALS:_ ACW (Revised 1-29-2015)

Witness List from Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held 8/6/2018 - 8/8/2018.

(Rev 3/18) UNITED STATES DISTRICT COURT DISTRICT OF ALASKA WITNESS LIST Case No.: 3:16-cr-00121-TMB-DMS Magistrate Judge: DEBORAH M. SMITH Title: U.S.A. vs. LAWRENCE J. LAWSON, JR. Dates of Hearing/Trial: August 6, 2018 Deputy Clerk/Recorder: CAMILLE WHITE Official Reporter: R. JOY STANCEL WITNESSES DATE START END TIME W- WITNESS NAME CALLED TIME BY 8/6/2018 9:47:53 3:02:08 W-1 JOHN WILLIAMSON DEF 8/6/2018 3:20:06 3:42:38 W-2 SONIA OEN PLT 8/6/2018 3:43:43 5:04:30 W-3 AMBER KIMMEL DEF 8/7/2018 9:16:56 10:35:20 W-3 AMBER KIMMEL DEF 8/7/2018 10:43:23 1:36:21 W-4 MICHAEL ZEZNOCK DEF 8/7/2018 1:37:38 2:51:28 W-5 TONYA RHAME DEF 8/7/2018 2:52:58 3:13:05 W-6 TONYA BARBER DEF 8/7/2018 3:14:39 3:42:21 W-7 CHRIS HARRIS PLT 8/7/2018 3:52:58 4:00:11 W-7 CHRIS HARRIS PLT 8/7/2018 4:01:32 4:21:31 W-8 DOUGLAS ALAN HARTFORD PLT 8/8/2018 9:06:52 9:44:56 W-9 JACQUELINE SIEGEL PLT

EXHIBIT LIST by USA from Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held 8/6/2018 - 8/8/2018 as to Lawrence J. Lawson, Jr.

(Rev 4/18) UNITED STATES DISTRICT COURT DISTRICT OF ALASKA EXHIBIT LIST OF PLAINTIFF Case No.: 3:16-cr-00121-TMB-DMS Magistrate Judge: DEBORAH M. SMITH Title: U.S.A. vs. LAWRENCE J. LAWSON JR. Dates of Hearing/Trial: August 6, 2018 Deputy Clerk/Recorder: CAMILLE WHITE Official Reporter: R. JOY STANCEL Attorney for Plaintiff LORI A. HENDRICKSON TIMOTHY M. RUSSO RETTA-RAE RANDALL EXHIBITS EX# ID ADM DESCRIPTION OF EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (Rev 3/18) CONTINUATION EXHIBIT LIST OF PLAINTIFF Page: 2 Case No: 3:16-cr-00121-TMB-DMS Magistrate Judge: DEBORAH M. SMITH EX# ID AD DESCRIPTION OF EXHIBIT 17 18 19 20 21 22 23 24 25 X 8/6/2018 IRS Office Map 26 27 28 29 X 8/8/2018 Report of Investigation by J. Siegel 30 X 8/6/82018 Declaration of Amber Kimmel 31 X 8/6/2018 Declaration of John Williamson 32 X 8/6/2018 Photo of Note from John Williamson -2/27/12 33 X 8/6/2018 I C S (Integrated Collection System) History 34 X 8/6/2018 Activity Record- Little Wing 35 X 8/6/2018 Activity Record for Lawson Personal 1040 36 X 8/7/2018 Referral Report 9/6/2011 37 X 8/7/2018 Letter 1058- Notice of Intent to Levy 38 X 8/7/2018 Letter to Janet Bolvin 39 40 X 8/7/2018 News Article 41 X 8/7/2018 I.D.R.S Transcript History 42 (Rev 3/18) CONTINUATION EXHIBIT LIST OF PLAINTIFF Page: 3 Case No: 3:16-cr-00121-TMB-DMS Magistrate Judge: DEBORAH M. SMITH EX# ID AD DESCRIPTION OF EXHIBIT 43

EXHIBIT LIST by Lawrence J. Lawson, Jr from Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held 8/6/2018 - 8/8/2018.

(Rev 4/18) UNITED STATES DISTRICT COURT DISTRICT OF ALASKA EXHIBIT LIST OF DEFENDANT Case No.: 3:16-cr-00121-TMB-DMS Magistrate Judge: DEBORAH M. SMITH Title: U.S.A. vs. LAWRENCE J. LAWSON JR. Dates of Hearing/Trial: August 6, 2018 Deputy Clerk/Recorder: CAMILLE WHITE Official Reporter: R. JOY STANCEL Attorney for Defendant JOHN L. LATTRELL ARIANA SELDMAN HAWBECKER EXHIBITS EX# ID ADM DESCRIPTION OF EXHIBIT A B X 8/6/2018 UNDER SEAL- STATEMENT C X 8/6/2018 UNDER SEAL - MEMO FROM JOHN WILLIAMSON D E X 8/6/2018 UNDER SEAL - STATEMENT F X 8/6/2018 UNDER SEAL - STATEMENT OF WILLIAMSON G X 8/6/2018 MAP H I J K X Final Letter- attached to motion L M X 8/7/2018 MEMO N O P X 8/7/2018 EMAIL- KRIS KELLY 8/23/2012 (Rev 3/18) CONTINUATION EXHIBIT LIST OF DEFENDANT Page: 2 Case No: 3:16-cr-00121-TMB-DMS Magistrate Judge: DEBORAH M. SMITH EX# ID AD DESCRIPTION OF EXHIBIT Q R S T X 8/7/2018 EMAIL - TO DIANE FROM KRIS KELLY U X V X 8/7/2018 DISCUSSION W/ KRIS KELLY W X DECLARATION BY - MICHAEL ZEZNOCK X X Y Z X 8/7/2018 EMAIL AA X INTERVIEW NOTES OF AMBER KIMBELL BB CC X 8/7/2018 REPORT-OF POA BY TONYA RHAME DD EE FF X 8/7/2018 DMS- ORDER GG HH X 8/7/2018 EMAIL II X 8/7/2018 EMAIL JJ X 8/7/2018 EMAIL KK LL MM NN X 8/7/2018 DECLARATION- TONYA BARBER OO PP (Rev 3/18) CONTINUATION EXHIBIT LIST OF DEFENDANT Page: 3 Case No: 3:16-cr-00121-TMB-DMS Magistrate Judge: DEBORAH M. SMITH EX# ID AD DESCRIPTION OF EXHIBIT QQ RR SS TT UU VV WW X 8/6/2018 EMAIL- from Ms. Siegel w/ reply from Ms. Kimmel XX X 8/6/2018 EMAIL - to TIGTA re John Williamson YY X ZZ X 8/7/2018 Summary of Interview by Michael Zeznock AAA X 8/6/2018 UNDER SEAL - Letter from John Williamson BBB X 8/7/2018 Photo of Tonya Rhames at wedding CCC X 8/8/2018 Email from Amber to Jacqueline

NOTICE Of Government's Submission Regarding the May 17, 2018 Testimony of Kris Kalanges Concerning Defendant's Motion to Suppress by USA as to Lawrence J. Lawson, Jr

BRYAN SCHRODER United States Attorney RETTA-RAE RANDALL Assistant U.S. Attorney LORI A. HENDRICKSON TIMOTHY M. RUSSO Trial Attorneys, U.S. Department of Justice, Tax Division Federal Building & U.S. Courthouse 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-1500 Email: RettaRae.Randall@usdoj.gov Email: Lori.A.Hendrickson@usdoj.gov Email: Timothy.M.Russo@usdoj.gov Attorneys for the Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,) No. 3:16-cr-00121-TMB-DMS) Plaintiff,) GOVERNMENT'S SUBMISSION) REGARDING THE MAY 17, 2018 vs.) TESTIMONY OF KRIS KALANGES) CONCERNING DEFENDANT'S LAWRENCE J. LAWSON, JR.,) MOTION TO SUPPRESS) Defendant.))) COMES NOW the United States of America, by and through undersigned counsel, and hereby files its Submission Regarding the May 17, 2018 Testimony of Kris Kalanges 0 Concerning Defendant's Motion to Suppress Statements and Request for Evidentiary Hearing ("Motion to Suppress"). At the conclusion of the evidentiary hearing on August 8, 2018, the Court asked the government to provide briefing on two issues: 1) why the government did not learn of the Treasury Inspector General for Tax Administration ("TIGTA") report related to former IRS Fraud Technical Advisor ("FTA") Kris Kalanges until after he testified on May 17, 2018; and 2) what weight the Court should give his testimony in light of that new information. See Ex. 1, Aug. 8, 2018 Hearing Tr. at 77:18-77:21. The Background section discusses the first issue, and the Argument section addresses the second issue. BACKGROUND On March 9, 2018, defendant Lawrence J. Lawson, Jr. filed his Motion to Suppress. Doc. 185. Lawson asserted that the IRS engaged in misleading and deceptive conduct during a civil audit of Lawson to obtain evidence for use in a potential criminal case against him. As such, Lawson asked the Court to suppress statements made by him to IRS Revenue Agent ("RA") Michael Zeznock during an interview of Lawson. RA Zeznock interviewed Lawson on August 17, 2012 in the presence of Lawson's attorney and return preparer, Janet Bolvin. Lawson's entire motion is premised on an incorrect date on one document in the audit file: RA Zeznock's "Minimum Income Probe Lead Sheet," dated July 10, 2012. See Govt. Ex. 17. Specifically, Lawson argued that, "[o]n July 10, 2012, the FTA told RA Zeznock to 'stop requesting information and refer the case to CI.'" Doc 185 at 6 (emphasis in original). Lawson further asserted that RA Zeznock ignored this directive and continued his audit, which included the aforementioned interview of Lawson. Id. U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 2 of 10 0 On March 30, 2018, the government opposed Lawson's motion. Doc. 204. The government explained that Lawson's argument was severely flawed because it was based on his misunderstanding of the timeline of events in the audit. The government further explained that the date in question – July 10, 2012 – is the date RA Zeznock created the Minimum Income Probe Lead Sheet. Id. at 7. RA Zeznock also began his audit of Lawson's individual income tax returns for 2009 and 2010 around that time. Id. RA Zeznock later testified that, when updating the Minimum Income Probe Lead Sheet months later to add a "Conclusion" and to note the decision by IRS Civil Examination to refer Lawson to IRS- Criminal Investigation ("IRS-CI"), he forgot to update the document to reflect the new date in 2013. On May 15, 2018, the government met with FTA Kalanges to prepare him for his testimony. 1 FTA Kalanges left the IRS in 2014 and currently works for the Oregon Department of Justice. The government was not aware of potential impeachment information concerning FTA Kalanges at that time and did not possess any such information. In accordance with U.S. Department of Justice policy, the government did not ask FTA Kalanges about potential impeachment information because he was not a law enforcement witness, he worked for the civil side of the IRS, and he was testifying at a motion hearing, not at trial. During the meeting, FTA Kalanges did not volunteer that there was any information the prosecutors should be aware of related to his credibility, even when potential cross-examination was discussed. Furthermore, in accordance with the local 1 While working as an FTA, Kalanges used the IRS-approved pseudonym "Kris Kelly" for personal safety reasons. Therefore, the IRS records at issue contain his pseudonym. U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 3 of 10 0 practice of the U.S. Attorney's Office, the government did not ask the IRS to conduct a Henthorn review of the personnel file of former FTA Kalanges. In the District of Alaska, such reviews are usually limited to law enforcement witnesses testifying at trial, pursuant to an agreement between the U.S. Attorney's Office and local federal government agencies. 2 On May 17-18, 2018, the Court held an evidentiary hearing regarding the motion to suppress Lawson's statements to RA Zeznock during the civil audit. During the hearing, the Court heard testimony from three witnesses: former FTA Kalanges, Supervisory RA/Group Manager ("GM") Sonia Oen and RA Zeznock. In sum, their testimony established that RA Zeznock and GM Oen did not decide to refer Lawson to IRS-CI until December 2012. In fact, the testimony showed that RA Zeznock was just beginning his audit of Lawson's individual income tax returns in July 2012, and that the audit of the tax returns of Little Wing, Inc., one of Lawson's businesses, had only started weeks earlier. The testimony and exhibits further established that there was a continuing dialogue between RA Zeznock, GM Oen and FTA Kalanges, from June 2012 through October 2012, regarding developing evidence of potential fraud. Records in RA Zeznock's audit files showed that he was still trying to determine whether Lawson or his attorney and return preparer, Janet Bolvin, was responsible for the errors contained on Lawson's individual and corporate income tax returns. At the conclusion of testimony on May 18, 2018, the Court directed the government to obtain documents related to John Williamson for in 2 Because of this incident, the U.S. Attorney's Office and the Tax Division are revisiting their Henthorn policies. U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 4 of 10 0 camera review, after which the Court would determine what evidence should be disclosed to Lawson, and if another evidentiary hearing would be held. On June 5, 2018, Lawson notified the government that he intended to call IRS Program Manager Vicki Boos as a witness at the next evidentiary hearing. On June 6, 2018, IRS-CI Special Agent ("SA") Tonya Rhame spoke with Boos for the first time (having never spoken to Boos during the criminal investigation of Lawson). Boos supervised FTA Kalanges during the relevant time period and signed paperwork associated with IRS Civil Examination's decision to refer Lawson to IRS-CI (copies of which were provided to Lawson in discovery). During their conversation, Boos told SA Rhame that the Treasury Inspector General for Tax Administration ("TIGTA") investigated FTA Kalanges for misconduct during his tenure as an FTA. On June 7, 2018, the government filed a motion seeking an order to obtain a copy of the TIGTA report relating to FTA Kalanges (the "TIGTA Report"). Doc. 238. The Court granted the motion and issued an order later that day. Doc. 239. The government immediately obtained a copy of the TIGTA Report later that day. 3 On June 12, 2018, the government disclosed the TIGTA Report of FTA Kalanges to the Court for in camera review. On July 6, 2018, Lawson asked the government to accept service of a subpoena on behalf of FTA Kalanges for the evidentiary hearing scheduled for August 6-8, 2018. 3 The TIGTA Report is protected from disclosure by the Court's Protective Order. Doc. 307. As the Court is aware of the nature of the misconduct and to avoid filing this submission under seal, the government will not reiterate the facts contained in the TIGTA Report here. U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 5 of 10 0 On July 12, 2018, pursuant to the Court's order regarding disclosure and redactions, the government produced documents related to the TIGTA Report of FTA Kalanges to Lawson. On the evening of Sunday, August 5, 2018, Lawson's counsel sent an email to FTA Kalanges, informing him that the defense decided not to call him as a witness at the evidentiary hearing. On the morning of Monday August 6, 2018, the Court asked the parties if they intended to call "any witness related to the motion to suppress by the defense." Ex. 2, Aug. 6, 2018 Hearing Tr. at 6:22-23. Defense counsel stated, "Your honor, we've concluded with the motion to suppress. Our focus of testimony would be the motion to dismiss and knowledge of the disclosure issue." Id. at 6:24-7:1. The government agreed and the Court found the hearing on Lawson's Motion to Suppress Statements was concluded. Id. at 7:7- 14. ARGUMENT Even if the Court discounts or completely disregards FTA Kalanges's testimony, Lawson's Motion to Suppress should still be denied. First, most of FTA Kalanges's testimony is corroborated by documents and other witness testimony. As is typical in tax cases, documents represent much of the significant evidence to be considered by the Court. Here, the evidence related to Lawson's Motion to Suppress comes almost entirely from RA Zeznock's audit file. Included in RA Zeznock's audit file are FTA Kalanges's "FTA Case Discussion Memos," all three of which are in U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 6 of 10 0 evidence. See Govt. Exs. 9-11. Two of these memos were dated after July 10, 2012, and directly contradict arguments Lawson made in his Motion to Suppress. The FTA Case Discussion Memos memorialized the conversations that FTA Kalanges had with RA Zeznock and set forth FTA Kalanges's recommendations regarding steps to develop fraud during the audits of Lawson's individual and corporate income tax returns. Those documents also show that RA Zeznock had additional audit work to perform and could not have started drafting a referral to IRS-CI until late 2012. The FTA Case Discussion Memo dated June 19, 2012 indicates that FTA Kalanges and RA Zeznock first discussed Lawson around that time. Govt. Ex. 9. It also recommends numerous steps to take to "enable [RA Zeznock] to better evaluate not only what the TP has done and the consequent tax harm but also why he did it, i.e. who is responsible." Id. The FTA Case Discussion Memo dated August 23, 2012 recommends additional fraud development steps to be taken "to gather additional explanations" regarding Lawson's tax returns and notes that "we do not yet have enough information to determine where culpability lies." Govt. Ex. 10. Finally, the FTA Case Discussion Memo dated October 31, 2012 recommends further steps to take to gather information regarding certain aspects of Lawson's tax returns, including his claimed charitable contributions. Govt. Ex. 11. These documents alone establish that FTA Kalanges continued to provide RA Zeznock with guidance regarding his audits of Lawson and his entities through at least October 2012. In addition to the FTA Case Discussion Memos, FTA Kalanges's testimony is corroborated by the testimony of GM Oen and RA Zeznock. Both witnesses testified unequivocally that RA Zeznock's audit work only began in early June 2012 and that his U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 7 of 10 0 discussions with FTA Kalanges regarding fraud development continued until at least October 2012. Ex. 3, May 17, 2018 Hearing Tr. (Oen) at 46:7-17; Ex. 4, May 18, 2018 (Zeznock) at 116:9-16. GM Oen further testified that RA Zeznock began drafting a written referral to IRS-CI in late 2012 (Ex. 3 at 46:22-49:1) and RA Zeznock testified that he completed his first draft of the referral letter to IRS-CI in January 2013 (Ex. 3 at 231:8- 17). In addition, RA Zeznock testified that he forgot to update the date on the document in question (Govt. Ex. 17) when adding the "Conclusion" section in the "first days of April 2013." See Ex.3 at 255:8-256:11. For these reasons, the Court could deny Lawson's Motion to Suppress even without considering FTA Kalanges's testimony at all. Based on Rule 608(b), it is unlikely that the Court would have permitted questions regarding FTA Kalanges's misconduct during cross-examination. Fed. R. Evid. 608(b) prohibits the admission of extrinsic evidence "to attack or support the witness's character for truthfulness," except for a criminal conviction under Rule 609. 4 However, the Court may allow the witness to be questioned on cross- examination regarding specific instances of conduct "if they are probative of the character for truthfulness or untruthfulness of the witness." Id.; see also United States v. Osazuaw, 564 F.3d 1169, 1175 (9th Cir. 2009). In this instance, the government did not know of FTA Kalanges's misconduct in advance of his May 17, 2018 testimony. However, even if it did know, FTA Kalanges's misconduct is not probative of his character for truthfulness or untruthfulness. His 4 Fed. R. Evid. 609 is not applicable to the Court's analysis as that rule concerns impeachment related to prior criminal convictions. See United States v. McClintock, 748 F.2d 1278, 1288 (9th Cir. 1984). U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 8 of 10 0 misconduct was not related to his duties as an FTA and did not impact any taxpayer's audit. In fact, when asked about his actions, FTA Kalanges admitted wrongdoing and accepted responsibility for his actions. For these reasons, the government does not believe that prior knowledge of this issue by the parties or the Court would have impeached his credibility regarding his involvement in the civil audit of Lawson. The government's view in this regard is supported by the fact that Lawson declined to confront FTA Kalanges about the information in the TIGTA Report during the evidentiary hearing held on August 6-8, 2018. On July 6, 2018, Lawson asked the government to accept service of a subpoena on behalf of FTA Kalanges for the evidentiary hearing. On July 12, 2018, the government produced the TIGTA Report to Lawson. On the evening of August 5, 2018, Lawson's counsel sent an email to FTA Kalanges, informing him that the defense decided not to call him as a witness at the evidentiary hearing. Finally, at the outset of the evidentiary hearing on August 6, 2018, the Court asked the parties if they intended to call "any witness related to the motion to suppress by the defense." Ex. 2, Aug. 6, 2018 Hearing Tr. at 6:22-23. Defense counsel stated, "Your honor, we've concluded with the motion to suppress. Our focus of testimony would be the motion to dismiss and knowledge of the disclosure issue." Id. at 6:24-7:1. Clearly, Lawson did not believe the misconduct outlined in the TIGTA Report was probative of FTA Kalanges's character for truthfulness or untruthfulness, or he would have called him as a witness before the Court concluded the hearing on the Motion to Suppress. Id. at 7:7-10. U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 9 of 10 0 CONCLUSION Since FTA Kalanges's testimony was corroborated by records in the audit file of RA Zeznock, and by the testimony of RA Zeznock and GM Oen, the new information in the TIGTA Report does not render his testimony less credible. However, even if the Court decides to completely disregard his testimony, Lawson's Motion to Suppress should still be denied. RESPECTFULLY SUBMITTED this 22nd day of August, 2018, at Anchorage, Alaska. BRYAN SCHRODER United States Attorney s/ Timothy M. Russo TIMOTHY M. RUSSO Trial Attorney U.S. Department of Justice CERTIFICATE OF SERVICE I hereby certify that on August 22, 2018, a true and correct copy of the foregoing was served electronically on the following: All Counsel of Record s/ Timothy M. Russo U.S. Department of Justice, Tax Division U.S. v. Lawson 3:17-cr-00121-TMB-DMS Page 10 of 10 0

Exhibit 1

Exhibit 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,)) Plaintiff,)) vs.) CASE NO. 3:16-cr-00121-TMB-DMS) LAWRENCE J. LAWSON, JR.,)) Defendant.)) TRANSCRIPT OF CONTINUED EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/MOTION TO DISMISS INDICTMENT (DKT 254) BEFORE THE HONORABLE DEBORAH M. SMITH, MAGISTRATE JUDGE August 8, 2018; 9:05 a.m. Anchorage, Alaska FOR THE GOVERNMENT: Office of United States Attorney U.S. Department of Justice BY: RETTA-RAE RANDALL BY: TIMOTHY M. RUSSO 222 West 7th Avenue, #9 LORI A. HENDRICKSON Anchorage, Alaska 99513 601 D Street, NW, Room 7334 907-271-5071 Washington, DC 20004 202-616-5263 FOR THE DEFENDANT: Beinert Miller & Katzman, PLC BY: ARIANA SELDMAN HAWBECKER JOHN L. LITTRELL 903 Calle Amanecer, Suite 350 San Clemente, CA 92673 949-369-3700 R. JOY STANCEL, RMR-CRR Federal Official Realtime Reporter 222 West 7th Avenue, #4 Anchorage, Alaska 99513 Proceedings Recorded by Mechanical Stenography Transcript Produced by Computer 77 1 at least during internal investigation, a finding that he, in 2 fact, violated the law and over and over and over and over 3 again. 4 Are the parties requesting the same date for briefing 5 in that matter? 6 MS. HAWBECKER: Your Honor, if I may, because the 7 Government -- you indicated the Government should explain how 8 that happened. I'd ask that we could brief after we hear what 9 the explanation is, because we don't have the explanation right 10 now. 11 THE COURT: That seems reasonable to me. How much 12 time would the Government request? 13 MR. RUSSO: Your Honor, we would request two weeks. 14 THE COURT: All right. So you don't need a 15 transcript for that; is that correct? Is August 22nd workable 16 or would you request later, 29th? 17 MR. RUSSO: 22nd will work. 18 THE COURT: So I ask the Government, provide their 19 briefing on those two issues; how did this happen, and also 20 what your position is as to what weight the Court should give 21 his testimony in light of that new information. And that's -- 22 that's really a bit of my quandary at this point. 23 And then I would ask for the defense response by 24 September 5th, which would give you two weeks also. 25 Just for the record, for Judge Burgess to know as far

Exhibit 2

Exhibit 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,)) Plaintiff,)) vs.) CASE NO. 3:16-cr-00121-TMB-DMS) LAWRENCE J. LAWSON, JR.,)) Defendant.)) TRANSCRIPT OF EVIDENTIARY HEARING ON MOTION TO SUPPRESS (DKT 185)/MOTION TO DISMISS INDICTMENT (DKT 254) BEFORE THE HONORABLE DEBORAH M. SMITH, MAGISTRATE JUDGE August 6, 2018; 9:19 a.m. Anchorage, Alaska FOR THE GOVERNMENT: Office of United States Attorney U.S. Department of Justice BY: RETTA-RAE RANDALL BY: TIMOTHY M. RUSSO 222 West 7th Avenue, #9 LORI A. HENDRICKSON Anchorage, Alaska 99513 601 D Street, NW, Room 7334 907-271-5071 Washington, DC 20004 202-616-5263 FOR THE DEFENDANT: Beinert Miller & Katzman, PLC BY: ARIANA SELDMAN HAWBECKER JOHN L. LITTRELL 903 Calle Amanecer, Suite 350 San Clemente, CA 92673 949-369-3700 R. JOY STANCEL, RMR-CRR Federal Official Realtime Reporter 222 West 7th Avenue, #4 Anchorage, Alaska 99513 Proceedings Recorded by Mechanical Stenography Transcript Produced by Computer 6 1 all the discovery issues to be resolved now before we begin the 2 hearing. 3 MR. RUSSO: Your Honor, we can have someone at the 4 U.S. Attorney's Office help extract the documents and then 5 provide copies, and we can do that within an hour or so. 6 THE COURT: I'd appreciate that, please, if you can 7 make arrangements for that. 8 MR. RUSSO: With regard to the audio, the CD of the 9 interview, we won't get that by FedEx until tomorrow. We can 10 provide it at that time. 11 THE COURT: If you'd provide that, please. 12 Now, speaking of tomorrow, I'd like to hear from both 13 parties who you anticipate calling and what you anticipate the 14 length of the testimony would be. I also want to ask the 15 parties to not repeat, as far as questioning, territory we have 16 already covered. I know obviously you may have some additional 17 questions related to -- well, if you have any impeachment 18 related to any of the people who testified based upon the new 19 discovery, that, of course, would be permissible, but I'm 20 asking the parties not to repeat the testimony we've already 21 heard in this matter in the motion to suppress. 22 Are we about concluded with any witnesses related to 23 the motion to suppress by the defense? 24 MS. HAWBECKER: Your Honor, I believe we've concluded 25 with the motion to suppress. Our focus of testimony would be 7 DEFENSE OPENING STATEMENT 1 motion to dismiss and knowledge of the disclosure issue. 2 THE COURT: That's great. I was hoping that's what 3 you would say. Does the Government have any witnesses on the 4 motion to suppress? We had made it clear, I think in our 5 conversations at the end of the last hearing, that the focus 6 was on the motion to dismiss indictment, but it has been listed 7 in all of the calendaring as being one on both things. So does 8 the Government have any witnesses they intend to call on the 9 motion to suppress? 10 MS. HENDRICKSON: No, Your Honor. 11 THE COURT: Then we will consider, with the consent 12 of both parties, that the motion to suppress evidentiary 13 hearing is concluded, and we'll be focusing on the motion to 14 dismiss indictment today. 15 That's good news. Now, I do need to ask our court 16 reporter a question. Off record. 17 (Off record for technical difficulties) 18 THE COURT: Does either party wish to make an opening 19 statement on the motion to dismiss indictment? 20 MS. HAWBECKER: We would, Your Honor. 21 THE COURT: Being your motion, the floor is yours. 22 MS. HAWBECKER: Thank you. 23 Your Honor, I'd like to begin by directing your 24 attention to what we've marked as Exhibit YY. I think it might 25 be on the outside of your binder on the left-hand side.

Exhibit 3

Exhibit 3 1 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA 2 3 UNITED STATES OF AMERICA,)) 4 Plaintiff,)) 5 vs.) CASE NO. 3:16-cr-00121-TMB) 6 LAWRENCE J. LAWSON, JR.,)) 7 Defendant.) __________________________) 8 9 TRANSCRIPT OF HEARING ON MOTION TO SUPPRESS (DKT 185) 10 BEFORE THE HONORABLE DEBORAH M. SMITH, U.S. MAGISTRATE May 17, 2018; 10:33 a.m. 11 Anchorage, Alaska 12 FOR THE GOVERNMENT: Office of the United States Attorney 13 BY: RETTA-RAE RANDALL BY: LORI A. HENDRICKSON 14 BY: TIMOTHY M. RUSSO 222 West 7th Avenue, #9 15 Anchorage, Alaska 99513 (907) 271-5071 16 FOR THE DEFENDANT: 17 Bienert, Miller & Katzmann, PLC BY: JOHN L. LITTRELL 18 BY: ARIANA SELDMAN HAWBECKER 903 Calle Amanecer, Suite 350 19 San Clemente, California 92673 (949) 369-3700 20 COURT RECORDER: 21 Camille White 222 West 7th Avenue, #4 22 Anchorage, Alaska 99513 (907) 677-6111 23 ________________________________________________________ 24 SONJA L. REEVES, RMR-CRR Federal Official Court Reporter 25 Proceedings Recorded by Digital Recording Transcript Produced by Computer 46 1 status 17; is that correct? 2 A. Correct. 3 Q. So it's in status 12? 4 A. Correct. 5 Q. Which is regular examination? 6 A. Uh-huh. 7 Q. Skipping down to October 30, 2012, is there a 8 reference that the revenue agent traveled out to Palmer, 9 Alaska to review records? 10 A. Yes. 11 Q. And on October 31, 2012, does it reflect that the 12 revenue agent had a case discussion with the FTA? 13 A. Correct. 14 Q. And then the FTA completed a narrative, which was 15 provided to the RA to include in the case file; is that 16 correct? 17 A. Yes. 18 Q. And do you know that those memos were in fact put 19 in the audit file? Would that be something you review? 20 A. Not at that time. Before the case was closed, 21 yes, I would review for that. 22 Q. And then on December 7th, there is a notation 23 from you, GM comments; is that correct? 24 A. Yes. 25 Q. And what did you say there? What advice did you 47 1 give to Revenue Agent Zeznock? 2 A. To put time on his calendar to, on a specific 3 date, 12-13-2012, to get referral written to provide to 4 the FTA. 5 Q. What referral are you talking about? What type 6 of referral would be given to an FTA? 7 A. That would be a referral -- I don't remember the 8 form. It's a referral to pursue fraud. 9 Q. Would it be a referral to another part of the 10 IRS? 11 A. I'm not sure exactly what referral. We have two. 12 We have a referral that we pursue fraud, and that's 13 where we indicate going into status 17. 14 Then we have a referral after we have made a 15 determination where we would refer the case to the 16 criminal investigation division. That would be -- so we 17 have two generic referrals. 18 Q. All right. So you need to look at other things 19 to determine -- 20 A. I would need to know what particular referral he 21 was doing on this one. I'm sorry. 22 Q. And then the entry on December 13, 2012, the 23 second full sentence that starts "This is," could you 24 read that? 25 A. "This is the first narrative being composed by 48 1 the RA and is taking some time to figure out what is 2 needed to support the actions of the taxpayer showing 3 intent." 4 Q. And at this point in time, had Revenue Agent 5 Zeznock been working for you for a couple years? 6 A. Yeah, he started in 2009, so yes. 7 Q. And would you have been working with him on 8 trying to write this referral? Would you have reviewed 9 it? 10 A. Yes. 11 Q. And on the next page, which is page three, the 12 top entry there, December 28, 2012, does it say that 13 he's still continuing to write the referral? 14 A. Yes, it does. 15 Q. And at the end of that, does it say, "CI will be 16 able to determine if issues are present if the case is 17 accepted"? 18 A. Yes. 19 Q. And then what did you -- and the GM comments on 20 January 7, 2013, what's written there? 21 A. "Sending the referral to the FTA today for review 22 and then the case should be upgraded to status 17. 23 Continue to schedule time to work this case and have all 24 cases ready for suspense if they accept this referral." 25 Q. Is "they" referring to criminal investigation? 49 1 A. Yes, it is. 2 Q. So now on January 7, 2013, the case is still not 3 in status 17? 4 A. It's not been put in 17 yet. 5 Q. Okay. Which means the investigation or the 6 examination is still in process or is, if you know, 7 Revenue Agent Zeznock just writing the referral? 8 Do you know if he's taking any other active steps 9 in the examination? 10 A. I can't tell that from this. 11 Q. From your experience supervising other revenue 12 agents, if somebody was writing a fraud referral, would 13 they typically be continuing the civil examination? 14 A. If there was still actions needed to verify 15 facts, then yes. 16 Q. Then going down to February 11, 2013, there is a 17 reference to completing and submitting a Form 11661 to 18 place Lawson and related entities in status 17. 19 A. That is the first referral I referred to earlier, 20 the 11661, which it's between exam and the FTA. We 21 determine that there is enough indicators to pursue 22 fraud, be it civil or criminal at that point. 23 Q. And then the next entry I want to draw your 24 attention to is on February 26th. What's listed there? 25 A. "RA met with CI, FTA, GM and discussed the 231 1 California or to Ms. Bolvin, do you recall, or to both? 2 A. I don't recall. 3 Q. Okay. So the activities, if you look at the 4 Defense Exhibit No. 10, if you go to -- yours doesn't 5 have -- if you go to the last -- next to the last page, 6 it's RA1399. That's the Bates stamp. Do you have that? 7 A. Yes, I do. 8 Q. Okay. Do you see a date after January 16, 2013? 9 What's the entry after that? It's like the fifth line 10 down. 11 A. Could you repeat which line? 12 Q. January 16, 2013. 13 A. Yeah. It says, "The revenue agent finished the 14 first draft of the referral letter and sent it to the 15 project advisor for review." 16 Q. Who is the RA mentioned in this? 17 A. That's myself. 18 Q. And then on February 26, 2013, what does that 19 entry say? 20 A. It says that the revenue agent met with criminal 21 investigation, fraud technical advisor and the group 22 manager and discussed the referral. 23 Q. And then the entry right after that, March 7, 24 2013? 25 A. Is a monthly meeting that was held with the group 255 1 MR. LITTRELL: Objection; foundation. 2 THE COURT: He can answer if he knows. 3 A. Yes, it was. 4 Q. Do you recall approximately what time period? 5 A. It was in mid-February. 6 Q. Of what year? 7 A. Of 2013. 8 Q. And so on July 10th of 2012, had the case been 9 referred to criminal investigation? 10 A. No, it wasn't. 11 Q. Why is this dated the way it is, if you can 12 explain? 13 MR. LITTRELL: Objection. 14 Q. First of all, did you enter those dates? 15 A. I did. 16 THE COURT: What was the question about why is 17 it -- is that the question you were objecting to, why is 18 it stated the way it was? 19 MR. LITTRELL: I think he did patch up the 20 foundation. He said he entered the dates himself. 21 THE COURT: Okay. 22 BY MS. RANDALL: 23 Q. Why is it dated July 10th of 2012 if the case 24 wasn't referred until, I believe you said February of 25 2013? 256 1 A. Both the 2009 T account and the minimum income 2 probe lead sheets are living documents I updated when I 3 first touched the document, and I continue with 4 additional comments. And I failed to date the document 5 at the time those additional comments were made. 6 Q. So you're missing some dates at the top? 7 A. I am. 8 Q. Do you know what those dates should have been, 9 what additional dates should have been entered at this 10 time period? 11 A. It was the first days of April of 2013. 12 Q. And why would that be the date that it should be? 13 MR. LITTRELL: Objection; speculation and 14 relevance as to why would it. 15 BY MS. RANDALL: 16 Q. Why would you enter April 1st? 17 THE COURT: I'll allow the question. 18 A. Those were the dates that I was completing an 19 administrative -- the administrative requirements for 20 the case file to provide it to my manager. 21 Q. To close it out? 22 A. To close it. 23 Q. Okay. 24 MS. RANDALL: Shall I go on? 25 THE COURT: Is this a good stopping point, or

Exhibit 4

Exhibit 4 1 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA 2 3 UNITED STATES OF AMERICA,)) 4 Plaintiff,)) 5 vs.) CASE NO. 3:16-cr-00121-TMB) 6 LAWRENCE J. LAWSON, JR.,)) 7 Defendant.) __________________________) 8 9 TRANSCRIPT OF HEARING ON MOTION TO SUPPRESS (DKT 185) 10 BEFORE THE HONORABLE DEBORAH M. SMITH, U.S. MAGISTRATE May 18, 2018; 12:14 p.m. 11 Anchorage, Alaska 12 FOR THE GOVERNMENT: Office of the United States Attorney 13 BY: RETTA-RAE RANDALL BY: LORI A. HENDRICKSON 14 BY: TIMOTHY M. RUSSO 222 West 7th Avenue, #9 15 Anchorage, Alaska 99513 (907) 271-5071 16 FOR THE DEFENDANT: 17 Bienert, Miller & Katzmann, PLC BY: JOHN L. LITTRELL 18 BY: ARIANA SELDMAN HAWBECKER 903 Calle Amanecer, Suite 350 19 San Clemente, California 92673 (949) 369-3700 20 COURT RECORDER: 21 Camille White 222 West 7th Avenue, #4 22 Anchorage, Alaska 99513 (907) 677-6111 23 ________________________________________________________ 24 SONJA L. REEVES, RMR-CRR Federal Official Court Reporter 25 Proceedings Recorded by Digital Recording Transcript Produced by Computer 116 1 THE COURT: Okay. And when had you given it to 2 him? 3 THE WITNESS: It went out with the initial 4 contact letter when he was notified of the examination. 5 THE COURT: Okay. Did he say anything about 6 whether he had read it or anything? 7 THE WITNESS: He did not. I asked if he had 8 any questions regarding those. 9 THE COURT: Okay. And when did you decide that 10 this investigation should be referred to criminal? 11 THE WITNESS: It was when I was informed by the 12 fraud technical advisor, Kris Kelly, on October 31st of 13 2012 when he told me no longer to make any more contact 14 with the taxpayer or requests and to -- he was going to 15 submit a form to me, a template in order to prepare a 16 referral for criminal investigation. 17 THE COURT: Okay. Thank you. I have no 18 further questions. 19 All right. And we -- I'll await whatever I 20 receive from the Government by, what did we say, 21 June 5th? 22 MS. HENDRICKSON: Yes, Your Honor. 23 THE COURT: And we have the other hearing set 24 in case we need it. And I think that's about all. Now, 25 on this matter I will order a transcript, ask for a

DECLARATION of Timothy M. Russo by USA as to Lawrence J. Lawson, Jr {{402}} Notice (Other), filed by USA

BRYAN SCHRODER United States Attorney RETTA-RAE RANDALL Assistant U.S. Attorney LORI A. HENDRICKSON TIMOTHY M. RUSSO Trial Attorneys, U.S. Department of Justice, Tax Division Federal Building & U.S. Courthouse 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-1500 Email: RettaRae.Randall@usdoj.gov Email: Lori.A.Hendrickson@usdoj.gov Email: Timothy.M.Russo@usdoj.gov Attorneys for the Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,) Case No. 3:16-cr-00121-TMB-DMS) Plaintiff,) DECLARATION OF TIMOTHY) M. RUSSO IN SUPPORT OF vs.) GOVERNMENT'S SUBMISSION) REGARDING THE MAY 17, 2018 LAWRENCE J. LAWSON JR.,) TESTIMONY OF KRIS) KALANGES CONCERNING Defendant.) DEFENDANT'S MOTION TO) SUPPRESS)) (28 U.S.C. § 1746)) I, Timothy M. Russo, declare and state as follows: 1. I am a Trial Attorney for the U.S. Department of Justice, Tax Division, assigned to prosecute the above-captioned case. As such, I am fully familiar with the facts stated herein. 2. I declare under penalty of perjury that the facts set forth in the government's Submission Regarding the May 17, 2018 Testimony of Kris Kalanges Concerning Defendant's Motion to Suppress Statements and Request for Evidentiary Hearing are true and correct to the best of my knowledge. RESPECTFULLY SUBMITTED this 22nd day of August, 2018, at Anchorage, Alaska. BRYAN SCHRODER United States Attorney s/ Timothy M. Russo TIMOTHY M. RUSSO Trial Attorney U.S. Department of Justice CERTIFICATE OF SERVICE I hereby certify that on August 22, 2018, a true and correct copy of the foregoing was served electronically on the following: All Counsel of Record s/ Timothy M. Russo U.S. Department of Justice, Tax Division

AMENDED SCHEDULING ORDER as to Lawrence J. Lawson, Jr. (See PDF for details) Signed by Judge Timothy M. Burgess on 8/30/18.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA, Plaintiff, Case No. 3:16-cr-00121-TMB-DMS v. AMENDED SCHEDULING ORDER LAWRENCE J. LAWSON, JR., Defendant. On August 8, 2018, the Court granted Plaintiff's oral motion to continue trial. The Court ordered counsel to meet and confer and file notice of an agreed upon three-week block of time for trial and submit an amended proposed scheduling and planning order. 1 The parties agreed upon trial March 11 – 28, 2019 and filed a proposed joint schedule on August 10, 2018. 2 Based on the parties' joint filing at docket 393, the Court HEREBY SETS the following trial date and pretrial deadlines: Status Conference November 2, 2018 at 10:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess Status Conference January 16, 2019 at 9:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess 1 Dkt. 394 Minute Entry. 2 Dkt. 393. All disclosures which tend to affect February 22, 2019 adversely the credibility of a government witness and all disclosures required by Giglio v. United States, 405 U.S. 150 (1972), which are not included in witness statements, shall be produced by the government no later than date herein Final Pretrial Conference March 4, 2019 at 10:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. Trial by Jury March 11 – 28, 2019 at 9:00 AM in 3 weeks based on four days of trial per Anchorage Courtroom 1 before Judge week. Timothy M. Burgess. The original pretrial order at docket 38 remains in effect except for the revised dates described above and to the extent newly discovered Fed. R. Crim. P. 16 evidence is received by either party, in which case such evidence shall be produced within 10 days of its identification. IT IS SO ORDERED. Dated at Anchorage, Alaska, this 30th day of August, 2018. /s/ Timothy M. Burgess TIMOTHY M. BURGESS UNITED STATES DISTRICT JUDGE

MOTION for Leave to File Excess Pages Unopposed and Filed on Shortened Time by USA as to Lawrence J. Lawson, Jr.

BRYAN SCHRODER United States Attorney RETTA-RAE RANDALL Assistant U.S. Attorney LORI A. HENDRICKSON TIMOTHY M. RUSSO Trial Attorneys, U.S. Department of Justice, Tax Division Federal Building & U.S. Courthouse 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-1500 Email: RettaRae.Randall@usdoj.gov Email: Lori.A.Hendrickson@usdoj.gov Email: Timothy.M.Russo@usdoj.gov Attorneys for the Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,) No. 3:16-cr-00121-TMB-DMS) Plaintiff,) UNOPPOSED MOTION TO FILE) OVER-LENGTH POST-HEARING vs.) BRIEF IN OPPOSITION TO) DEFENDANT'S MOTION TO LAWRENCE J. LAWSON, JR.,) DISMISS INDICTMENT) Defendant.) FILED ON SHORTENED TIME) COMES NOW the United States of America, by and through undersigned counsel, and hereby moves this Court for leave to file its Unopposed Motion to File Over-Length Post-Hearing Brief in Opposition to Defendant's Motion to Dismiss Indictment. Doc. 254. // On June 20, 2018, defendant Lawrence J. Lawson, Jr. filed a Motion to Dismiss Indictment. Doc. 254. On August 6-8, 2018, the Court held an evidentiary hearing on Lawson's motion. At the conclusion of the hearing, the Court asked the parties to simultaneously file post-hearing briefs by September 5, 2018. Pursuant to D.Ak. L.R. 10.1(m)(2), a party responding to a motion in a criminal case is limited to filing a fifteen-page brief. In order to provide the Court with a complete factual record concerning the issues raised, including declarations and exhibits, the government has drafted a brief that is twenty-five pages. Accordingly, the government moves the Court for leave to file an over-length brief not to exceed twenty-five pages, not including the cover page or supporting declarations and exhibits. Lawson does not oppose this motion. RESPECTFULLY SUBMITTED this 30th day of August, 2018, in Anchorage, Alaska. BRYAN SCHRODER United States Attorney s/ Timothy M. Russo TIMOTHY M. RUSSO Trial Attorney U.S. Department of Justice CERTIFICATE OF SERVICE I hereby certify that on August 30, 2018 a true and correct copy of the foregoing was served electronically on the following: Counsel of Record s/ Timothy M. Russo Trial Attorney U.S. Department of Justice U.S. v Lawson 3:16-cr-00121-TMB-DMS Page 2 of 2

Proposed Order

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,) No. 3:16-cr-00121-TMB-DMS) Plaintiff,) PROPOSED ORDER) vs.)) LAWRENCE J. LAWSON, JR.,)) Defendant.)) Having duly considered the government's Unopposed Motion to File Over-Length Post-Hearing Brief in Opposition to Defendant's Motion to Dismiss Indictment, the motion is hereby GRANTED. The government is permitted to file an over-length brief not to exceed twenty-five pages, not including the cover page or supporting declarations and exhibits. IT IS SO ORDERED DATED: _______________ ______________________________ U.S. MAGISTRATE JUDGE

AFFIDAVIT of ARIANA SELDMAN HAWBECKER RE ESTIMATED ATTORNEYS FEES AND COSTS EXPENDED IN ASSOCIATION WITH GOVERNMENTS SUPPRESSION OF EVIDENCE CONCERNING IRS EMPLOYEES by Lawrence J. Lawson, Jr

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 tbienert@bmkattorneys.com (admitted pro hac vice) Ariana Seldman Hawbecker, Cal. Bar No. 190506 ahawbecker@bmkattorneys.com (Admitted pro hac vice) John L. Littrell, Cal. Bar No. 221601 jlittrell@bmkattorneys.com (Admitted pro hac vice) BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, AFFIDAVIT OF ARIANA SELDMAN HAWBECKER RE ESTIMATED ATTORNEYS' FEES AND COSTS v. EXPENDED IN ASSOCIATION WITH GOVERNMENT'S SUPPRESSION OF LAWRENCE J. LAWSON, JR. EVIDENCE CONCERNING IRS EMPLOYEES (Dkt. 394) Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS I, Ariana Seldman Hawbecker, declare as follows: 1. I am an attorney admitted to practice before this Court, and am a partner at the law firm of Bienert, Miller & Katzman, PLC, attorneys of record for Defendant Lawrence J. Lawson, Jr. I have personal knowledge of the facts set forth in this Affidavit. 2. Pursuant to the Court's August 8, 2018 Order (Dkt. 394), I have reviewed my firm's billing records, documents, and communications from October 2017 (the time when the defense requested records pertaining to the "ROGM Conflict") through August 2018 (when the evidentiary hearing regarding this information was held) in order to estimate the time and costs recorded pertaining to that issue. This process involved not only reviewing ten months of bills but also looking at the bills' references, such as correspondence and pleadings, to confirm their relationship to this issue. I spent more than 5 hours collecting, cross-checking, and compiling information and preparing this affidavit. 3. The billing rate for John Littrell and I on this case is $475 per hour. Our paralegal Garrison Giali's rate is $165 per hour. 4. I estimate a combined total of at least 158.6 hours were expended on seeking materials and information pertaining to John Williamson's conflict and conduct and litigation related to that issue. Attached hereto as Exhibit A is a table demonstrating an estimate of the associated fees and costs, including travel costs. Costs associated with the attendance of Kalanges at the May hearings are also included because he was questioned about the issue at that time and claimed not to know anything; however, the government failed to disclose prior to that time that he had been forced to resign from the IRS due to serious misconduct. 5. The July and August 2018 hours in Exhibit A include time spent gathering materials, investigating, and preparing to examine witnesses regarding the ROGM 41 conflict issue, knowledge, and disclosure as well attendance at the evidentiary hearings on August 6, 7, and 8, 2018. United States v. Lawson Page 1 3:16-cr-00121-TMB-DMS 6. My colleague John Littrell spent .5 hours reviewing and revising this Affidavit and our paralegal, Garrison Giali, spent .6 hours cross-checking and finalizing the records supporting this Affidavit. I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Executed this 31st day of August, 2018, in San Clemente, California. _____________________________ Ariana Seldman Hawbecker United States v. Lawson Page 2 3:16-cr-00121-TMB-DMS

Exhibit A

EXHIBIT A United States v. Lawson 3:16-cr-00121-TMB-DMS ESTIMATE OF FEES AND COSTS RE WILLIAMSON LITIGATION Hawbecker Littrell Giali Month Costs Hours Hours Hours Oct. 2017 3.8 .2 0 0 Nov. 2017 4.4 1.2 1.2 0 Dec. 2017 1.0 0 0 0 Jan. 2018 0 0 0 0 Feb. 2018 1.4 0 0 0 Mar. 2018 10.1 1.4 3.7 0 Apr. 2018 .5 .2 0 0 $665 airfare for Kalanges travel to testify at Motion to Suppress hearing; asked about "related issue". $156.24 for Kalanges hotel for hearing. May 2018 9.6 10.6 2.1 $147.91 for Kalanges rental car and meals for hearing. $787.20 for transcript of hearing. $199.75 for transcript fees for 6/20/18 hearing (unsealed Jun. 2018 8.7 7.3 10.6 portion; sealed not provided). $100 for process server fee for A. Kimmel to attend August Jul. 2018 3.0 14.7 0 evidentiary hearing. $135 for witness fees, mileage and parking for Kimmel and Barber for evidentiary hearing. $2,997.90 for August 6-8 hearing transcripts. $1,326.18 for airfare for Hawbecker and Littrell for August 6- 8 evidentiary hearings. Aug. 2018 27 30.3 .5 $807.04 for lodging for Hawbecker and Littrell for August 6-8 evidentiary hearings. $1083.20 transportation for Hawbecker and Littrell for evidentiary hearings (airport transportation and rental car for 3 days). Preparation 4.0 .5 .60 - of Affidavit Total Hours 73.5 66.4 18.7 139.9 attorney hours, 18.7 paralegal hours Total Fees $34,912.50 $31,540.00 $3,085.50 $69,538.00 Total Costs - $8,405.42 Grand Total $77,943.42 United States v. Lawson 3:16-cr-00121-TMB-DMS

Affidavit of Service

CERTIFICATE OF SERVICE I declare that I am a citizen of the United States and I am a resident and employed in Orange County, California; that my business address is 903 Calle Amanecer, Suite 350, San Clemente, California 92673; that I am over the age of 18 and not a party to the above-entitled action. I am employed by a member of the United States District Court, and at whose direction I caused service of the foregoing AFFIDAVIT OF ARIANA SELDMAN HAWBECKER RE ESTIMATED ATTORNEYS' FEES AND COSTS EXPENDED IN ASSOCIATION WITH GOVERNMENT'S SUPPRESSION OF EVIDENCE CONCERNING IRS EMPLOYEES (Dkt. 394) on all interested parties in this action as follows: [X] BY ELECTRONIC TRANSMISSION: by electronically filing the foregoing with the Clerk of the District Court using its ECF System pursuant to the Electronic Case Filing provision of the United States District Court General Order and the E-Government Act of 2002, which electronically notifies said parties in this case: Retta Rae Randall Timothy M. Russo, Trial Attorney Assistant US Attorney US Dept. of Justice, Tax Division RettaRae.Randall@usdoj.gov Timothy.M.Russo@usdoj.gov Lori A. Hendrickson, Trial Attorney US Dept. of Justice, Tax Division Lori.A.Hendrickson@usdoj.gov I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 31, 2018, at San Clemente, California. ____________________ Garrison M. Giali United States v. Lawson 3:16-cr-00121-TMB-DMS

MOTION for Leave to File Excess Pages Unopposed and Filed on Shortened Time by Lawrence J. Lawson, Jr.

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com STOEL RIVES LLP 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 (admitted pro hac vice) tbienert@bmkattorneys.com Ariana Seldman Hawbecker, Cal. Bar No. 190506 (admitted pro hac vice) ahawbecker@bmkattorneys.com John L. Littrell, Cal. Bar No. 221601 (admitted pro hac vice) jlittrell@bmkattorneys.com BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, DEFENDANT LAWRENCE J. LAWSON, JR.'S MOTION FOR LEAVE TO FILE v. OVER-LENGTH CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS INDICTMENT LAWRENCE J. LAWSON, JR. FILED ON SHORTENED TIME Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS Dr. Lawson requests leave to file an estimated 25-page Closing Brief Following the Evidentiary Hearing on Motion to Dismiss Indictment ("Closing Brief"). On June 20, 2018, Dr. Lawson filed a Motion to Dismiss Indictment. Doc. 254. On August 6, 7, and 8, 2018, the Court held an evidentiary hearing on his motion. At the conclusion of the hearing, the Court asked the parties to simultaneously file post-hearing briefs by September 5, 2018. On August 30, 2018 the government filed a motion for leave to file a 25-page post-hearing brief. Dkt. No. 405. On August 31, 2018, the Court granted the motion. Dkt. No. 406. Therefore, to the extent D.Ak. L.R. 10.1(m)(2) limits the parties' closing briefs to 15 pages, good cause exists for granting Dr. Lawson leave to exceed the 15-page limit due to the volume of evidence to be summarized. In order to provide the Court with a complete factual record concerning the issues raised, including several specific citations to the record, Defendant is finalizing a brief that is expected to be approximately 25 pages. Accordingly, Dr. Lawson moves the Court for leave to file an over-length brief not to exceed 25 pages, not including the cover page, tables, signature block, or supporting declarations and exhibits. The Government does not object to Dr. Lawson's request. Dated: September 4, 2018. By: ____________________________ Thomas H. Bienert, Jr. Ariana Seldman Hawbecker John L. Littrell BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, CA 92673 T: (949) 369-3700 F: (949) 369-3701 Counsel to Lawrence J. Lawson, Jr. United States v. Lawson Page 1 3:16-cr-00121-TMB-DMS CERTIFICATE OF SERVICE I declare that I am a citizen of the United States and I am a resident and employed in Orange County, California; that my business address is 903 Calle Amanecer, Suite 350, San Clemente, California 92673; that I am over the age of 18 and not a party to the above-entitled action. I am employed by a member of the United States District Court, and at whose direction I caused service of the foregoing DEFENDANT LAWRENCE J. LAWSON, JR.'S MOTION FOR LEAVE TO FILE OVER-LENGTH CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS INDICTMENT on all interested parties in this action as follows: [X] BY ELECTRONIC TRANSMISSION: by electronically filing the foregoing with the Clerk of the District Court using its ECF System pursuant to the Electronic Case Filing provision of the United States District Court General Order and the E-Government Act of 2002, which electronically notifies said parties in this case: Retta Rae Randall Timothy M. Russo, Trial Attorney Assistant US Attorney US Dept. of Justice, Tax Division RettaRae.Randall@usdoj.gov Timothy.M.Russo@usdoj.gov Lori A. Hendrickson, Trial Attorney US Dept. of Justice, Tax Division Lori.A.Hendrickson@usdoj.gov I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 4, 2018, at San Clemente, California. /s/ Garrison M. Giali Garrison M. Giali United States v. Lawson Page 2 3:16-cr-00121-TMB-DMS

Proposed Order

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com STOEL RIVES LLP 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 (admitted pro hac vice) tbienert@bmkattorneys.com Ariana Seldman Hawbecker, Cal. Bar No. 190506 (admitted pro hac vice) ahawbecker@bmkattorneys.com John L. Littrell, Cal. Bar No. 221601 (admitted pro hac vice) jlittrell@bmkattorneys.com BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, [PROPOSED] ORDER GRANTING DEFENDANT LAWRENCE J. LAWSON, v. JR.'S MOTION FOR LEAVE TO FILE OVER-LENGTH CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING LAWRENCE J. LAWSON, JR. ON MOTION TO DISMISS INDICTMENT Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS [PROPOSED] ORDER The Court, having considered defendant Lawrence J. Lawson, Jr.'s ("Dr. Lawson") Motion for Leave to File Over-Length Closing Brief Following Evidentiary Hearing on Motion to Dismiss Indictment (the "Motion"), and good cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED. 2. Dr. Lawson is permitted to file an over-length Closing Brief not to exceed twenty-five pages, not including the cover page, tables, signature block, or supporting declarations and exhibits. IT IS SO ORDERED. DATED: ________________, 2018 ___________________________________ UNITED STATES MAGISTRATE JUDGE United States v. Lawson 3:16-cr-00121-TMB-DMS

Notice of Attorney Appearance - USA

BRYAN SCHRODER United States Attorney STEVEN E. SKROCKI Assistant U.S. Attorney Federal Building & U.S. Courthouse 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-1500 Email: Steven.Skrocki@usdoj.gov Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,) Case No. 3:16-cr-00121-TMB-DMS) Plaintiff,)) NOTICE OF ATTORNEY v.) APPEARANCE) LAWRENCE J. LAWSON JR.,)) Defendant.)) COMES NOW the United States, by and through undersigned counsel, and hereby gives notice that Assistant U.S. Attorney Steven E. Skrocki now appears as counsel for the United States of America. Mr. Skrocki will be replacing Assistant U.S. Attorney Retta-Rae Randall in the above titled action as local counsel. All future correspondence in this matter should be sent to: STEVEN E. SKROCKI Assistant U.S. Attorney Federal Building & U.S. Courthouse 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-1500 Email: Steven.Skrocki@usdoj.gov RESPECTFULLY SUBMITTED September 5, 2018, at Anchorage, Alaska. BRYAN SCHRODER United States Attorney s/Steven E. Skrocki STEVEN E. SKROCKI Assistant U.S. Attorney CERTIFICATE OF SERVICE I hereby certify that on September 5, 2018, a true and correct copy of the foregoing was served on the following: Counsel of Record s/ Steven E. Skrocki Office of the U.S. Attorney U.S. v. Lawson 3:16-cr-00121-TMB-DMS Page 2 of 2

Extension of Time to File Document

BRYAN SCHRODER United States Attorney STEVEN E. SKROCKI Assistant U.S. Attorneys Federal Building & U.S. Courthouse 222 West Seventh Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 Phone: (907) 271-5071 Fax: (907) 271-1500 Email: steven.skrocki@usdoj.gov Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,) Case No. 3:16-cr-00121-TMB-DMS) Plaintiff,) MOTION FOR EXTENSION OF) TIME TO FILE POST-HEARING vs.) BRIEF IN OPPOSITION TO) DEFENDANT'S MOTION TO LAWRENCE J. LAWSON Jr.,) DISMISS INDICTMENT) Defendant.)) FILED ON SHORTENED TIME)) The United States of America, by and through undersigned counsel, respectfully files this Motion for an extension of time to file the Post-Hearing Brief in Opposition to Defendant's Motion to Dismiss Indictment. Counsel for the United States requests this extension for the reasons set forth in the Affidavit of Larry J. Wazalek which will be filed under seal upon approval by the court. // The United States requests two weeks from the due date to file their briefing. The response is currently due September 5, 2018. The United States also requests that the defendant be allowed the same extension of time for the filing of his brief. Accordingly, a request until September 19, 2018, to file briefing as to the Defendant's Motion to Dismiss Indictment is requested. This request is filed on shortened time because the pleadings to which this pertains are due today, September 5, 2018. RESPECTFULLY SUBMITTED September 5, 2018, at Anchorage, Alaska. BRYAN SCHRODER United States Attorney s/ Steven E. Skrocki STEVEN E. SKROCKI Assistant U.S. Attorney United States of America CERTIFICATE OF SERVICE I hereby certify that on September 5, 2018, a true and correct copy of the foregoing was served on the following by regular mail: Counsel of Record s/ Steven E. Skrocki Office of the U.S. Attorney U.S. v. Lawson Page 2 of 2 3:16-cr-00121-TMB-DMS

Proposed Order

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA,) Case No. 3:16-cr-00121-TMB-DMS) Plaintiff,)) PROPOSED ORDER vs.)) LAWRENCE J. LAWSON JR.,)) Defendant.))) Having duly considered the United States= Motion for Extension of Time to File Post- Hearing Brief in Opposition to Defendant's Motion to Dismiss Indictment, the motion is hereby GRANTED. IT IS SO ORDERED DATED: ________________ _______________________________ U.S. MAGISTRATE COURT JUDGE

MOTION to Seal Document by Lawrence J. Lawson, Jr.

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com STOEL RIVES LLP 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 (admitted pro hac vice) tbienert@bmkattorneys.com Ariana Seldman Hawbecker, Cal. Bar No. 190506 (admitted pro hac vice) ahawbecker@bmkattorneys.com John L. Littrell, Cal. Bar No. 221601 (admitted pro hac vice) jlittrell@bmkattorneys.com BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, DEFENDANT LAWRENCE J. LAWSON, JR.'S MOTION TO FILE UNDER SEAL v. LAWRENCE J. LAWSON, JR. Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS TO THE HONORABLE COURT: Defendant Lawrence J. Lawson, Jr. moves this Court for leave to file under seal Defendant Lawrence J. Lawson, Jr.'s Position re May 17, 2018 Testimony of Kris Kalanges ("Kalanges Brief"), including the Declaration of John Littrell and the exhibits in support thereof. Defendant requests that these materials be sealed because they contain in-depth analysis and reference to TIGTA documents subject to this Court's July 6, 2018 Protective Order ("Protective Order"). Dkt. 307. While Dr. Lawson does not believe that these documents should be hidden from the public, Dr. Lawson is filing them under seal to ensure compliance with the Protective Order. Dr. Lawson does not object to filing all or a portion of these materials publicly (with certain personal identifying information redacted) should the Court agree that disclosure is in the public interest. Respectfully submitted, Dated: September 5, 2018 By: ________________________________ Thomas H. Bienert Ariana Seldman Hawbecker John L. Littrell BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, CA 92673 T: (949) 369-3700/F: (949) 369-3701 Counsel to Lawrence J. Lawson, Jr. United States v. Lawson 3:16-cr-00121-TMB-DMS Page 1 CERTIFICATE OF SERVICE I declare that I am a citizen of the United States and I am a resident and employed in Orange County, California; that my business address is 903 Calle Amanecer, Suite 350, San Clemente, California 92673; that I am over the age of 18 and not a party to the above-entitled action. I am employed by a member of the United States District Court, and at whose direction I caused service of the foregoing DEFENDANT LAWRENCE J. LAWSON, JR.'S MOTION TO FILE UNDER SEAL on all interested parties in this action as follows: [X] BY ELECTRONIC TRANSMISSION: by electronically filing the foregoing with the Clerk of the District Court using its ECF System pursuant to the Electronic Case Filing provision of the United States District Court General Order and the E-Government Act of 2002, which electronically notifies said parties in this case: Retta Rae Randall Timothy M. Russo, Trial Attorney Assistant US Attorney US Dept. of Justice, Tax Division RettaRae.Randall@usdoj.gov Timothy.M.Russo@usdoj.gov Lori A. Hendrickson, Trial Attorney US Dept. of Justice, Tax Division Lori.A.Hendrickson@usdoj.gov I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 5, 2018, at San Clemente, California. /s/ Garrison M. Giali Garrison M. Giali United States v. Lawson 3:16-cr-00121-TMB-DMS

Proposed Order

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com STOEL RIVES LLP 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 (admitted pro hac vice) tbienert@bmkattorneys.com Ariana Seldman Hawbecker, Cal. Bar No. 190506 (admitted pro hac vice) ahawbecker@bmkattorneys.com John L. Littrell, Cal. Bar No. 221601 (admitted pro hac vice) jlittrell@bmkattorneys.com BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, [PROPOSED] ORDER v. LAWRENCE J. LAWSON, JR. Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS [PROPOSED] ORDER The Court, having duly considered Defendant Lawrence J. Lawson, Jr.'s Motion to File Under Seal (the "Motion), and good cause having been shown, IT IS HEREBY ORDERED THAT: 1. The Motion to Seal is GRANTED. 2. The Clerk of the Court is directed to maintain under seal Defendant Lawrence J. Lawson, Jr.'s Position re May 17, 2018 Testimony of Kris Kalanges, and the Declaration of John Littrell and exhibits in support thereof, until the case is closed, at which time the documents shall be destroyed. IT IS SO ORDERED. DATED:______________ ____________________________________ UNITED STATES MAGISTRATE JUDGE United States v. Lawson 3:16-cr-00121-TMB-DMS

ADDITIONAL RELATED DOCUMENT DEFENDANTS CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS INDICTMENT

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com STOEL RIVES LLP 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 (admitted pro hac vice) tbienert@bmkattorneys.com Ariana Seldman Hawbecker, Cal. Bar No. 190506 (admitted pro hac vice) ahawbecker@bmkattorneys.com John L. Littrell, Cal. Bar No. 221601 (admitted pro hac vice) jlittrell@bmkattorneys.com BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, DEFENDANT'S CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING v. ON MOTION TO DISMISS INDICTMENT [Filed concurrently with the Declaration of LAWRENCE J. LAWSON, JR. Ariana Seldman Hawbecker and Under Seal Declaration of Stephen Walsh] Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS 4 I. INTRODUCTION The evidence received during this Court's three-day evidentiary hearing on Dr. Lawson's Motion to Dismiss confirmed the assertions in that motion. Indeed, the hearing established that the bias and government misconduct went much farther than Dr. Lawson had first believed and had an even greater impact on this case. First, the evidence established that the case against Dr. Lawson was initiated by John Williamson, a troubled IRS Supervisor who was consumed by his animus toward Dr. Lawson because of his suspicion that his girlfriend, Tonya (Naquin) Barber, had carried on an illicit affair with Dr. Lawson while they were dating, was sending Dr. Lawson sexually explicit text messages, and ultimately left him for Dr. Lawson. Second, the evidence showed that although Williamson officially recused himself from working on IRS matters involving Dr. Lawson, he continued to attempt to influence it by discussing Dr. Lawson and his assets with his colleagues who were pursuing Dr. Lawson. Third, the evidence confirmed that Williamson broke into Dr. Lawson's Hangar on April 4, 2012 to spy on Ms. Barber. When Williamson was reported to TIGTA and investigated, he withheld from the investigating agent (as well as his superiors) the critical fact that he did not have Barber's permission to be at the Hangar. Fourth, the evidence showed that the TIGTA investigation into the Hangar break-in was a sham. Special Agent Siegel made no effort to learn what really happened, and failed to report the incident to Barber, Dr. Lawson, or local authorities. She falsely testified that even if a crime had been committed against Dr. Lawson, she could neither investigate it nor report it. But tax privacy laws and regulations are designed to protect people like Dr. Lawson from disclosure of their tax information, not protect the IRS when a taxpayer is a victim of a crime by one their own employees. Fifth, the evidence showed that the IRS disregarded its ordinary protocols designed to ensure the integrity and fairness of their treatment of taxpayers when pursuing Dr. Lawson. Contrary to the explicit instructions in the Internal Revenue Manual, the government never advised Dr. Lawson of the alleged tax deficiencies in his case or gave him an opportunity to pay what he United States v. Lawson Page 1 3:16-cr-00121-TMB-DMS 4 owed, even though his tax preparer was notorious within the IRS Anchorage office for filing error- filled returns and even though Dr. Lawson had a history of paying the taxes he owed. Sixth, the evidence showed that Special Agent Rhame colluded with the prosecutors to cover up and minimize the Williamson break in. Rhame knew about the Williamson break-in in 2013, and told lead prosecutor Lori Hendrickson about it in 2014. But Hendrickson specifically instructed Rhame not to obtain the TIGTA file, and then later represented to the Court that she did not know that it existed. Seventh, the evidence showed that the prosecutors flagrantly violated their Rule 16 and Brady obligations, as well as this Court's orders, by falsely claiming that no documents responsive to this Court's discovery orders existed, when they knew that Williamson had been investigated and sanctioned by TIGTA, and that a file documenting his discipline existed. Eighth, and perhaps most importantly, the prosecution team made affirmatively false and misleading representations to the defense and to this Court, as reflected in (1) false and misleading statements to the defense about the Williamson break-in, (2) emails between Rhame and the prosecutors that show that they colluded to misrepresent the facts of the break-in in order to mislead the Court, (3) the prosecutors' statements during the May evidentiary hearing aggressively obstructing the defense team's search for the truth about the break-in and persistence in falsely claiming that no documents about it exist. The prosecutors have shown no remorse for their repeated false statements to the Court. At the August 2018 evidentiary hearing, the prosecutors continued to make false and misleading statements and made frivolous arguments to minimize and excuse their misconduct. They remain obstinate and unapologetic, which not only demonstrates their inability to fairly and appropriately discharge their Rule 16, Brady, Giglio, Jencks, and Henthorn obligations, but also calls into question the Government's motive in bringing a criminal tax case against Dr. Lawson in the first place. There is no reason to believe that the prosecutors have not suppressed other evidence or that they will not continue to abuse the trust and great power afforded them in the future. United States v. Lawson Page 2 3:16-cr-00121-TMB-DMS 4 The IRS went after Dr. Lawson criminally in order to "send a message" to other taxpayers. But the message sent by this prosecution is that ordinary taxpayers should fear arbitrary enforcement of the tax code and that they cannot trust federal prosecutors to be faithful to the Constitution or accountable to the Court. Allowing this case to go forward sends a message that the government can withhold evidence, ignore Court orders, and make false and misleading statements to the Court without fear of accountability. In order to preserve the integrity of the Court and ensure respect for the law, the Court should grant Dr. Lawson's Motion to Dismiss. II. STATEMENT OF FACTS A. Williamson had animus toward Dr. Lawson because he believed that his girlfriend, Tonya Barber, left him for Dr. Lawson. John Williamson has worked for the IRS since 1988. He started dating Barber in February 2010. Dkt. 398 at 39:19-40:1; 102:17-21. While they were dating, Barber told Williamson that she had a prior relationship with Dr. Lawson, and that Dr. Lawson had taken Barber on trips and to nice dinners and bought her plane tickets. Id. at 29:15-31:13, 40:9-13. Williamson testified that he found Barber's disclosures "odd," "strange," and "unnecessary." Id. at 32:5, 14, 23. He also found Barber's discussion of her relationship with Dr. Lawson to be "confusing." Id. at 33:8. He wasn't "entirely happy" to hear about those details. Id. at 33:13. He wondered whether Barber was "actually trying to share something" or whether she was "looking back on something and missing what was going on." Id. at 33:19. Williamson also testified that while he was dating Barber in 2010, he saw an exchange of sexually explicit text messages between Dr. Lawson and Barber on Barber's phone. Id. at 92:21- 97:10, 129:22-130:4. The messages were so explicit that Williamson could not bring himself to recount them in Court. Ultimately, he stated that "the message detailed Tonya performing an oral sex act on this other person and the other person's response was remembering, you know, when that happened." Id. at 94:8-12. "It was a very detailed, explicit oral sex act description." Id. Williamson found the messages between Barber and Lawson "quite shocking" because he believed that he and Barber were in an exclusive relationship. Id. at 97:6-9. United States v. Lawson Page 3 3:16-cr-00121-TMB-DMS 4 Williamson also testified that while he was dating Barber, Barber showed him photographs of Dr. Lawson's home, including a large geode and a photograph of a bedroom "by accident". Id. at 129:2-18. Williamson also admitted that when he and Barber were together, Barber would excuse herself to furtively take calls from Dr. Lawson. Id. at 130:14-131:18. The text messages and calls that Williamson understood were between Dr. Lawson and Barber upset Williamson, because Barber had lied to him and he presumed that she had cheated on him. Id. at 166:9-24. Later in 2010, Barber broke up with Williamson. She told him to "go away" and that she didn't want to be with him anymore. Id. at 40:19-22. But over the course of the next year, she repeatedly came back to him and tried to get back into Williamson's life. On Christmas day in 2010, Barber showed up at Williamson's house, asked if he had any wine, and told him that she wanted to show him her newly reconstructed breasts. Id. at 41:14-20. She showed up at his house again in April 2011. Id. at 41:24-25. Williamson was dating another woman but the attention from Barber felt good to him, so he let Barber back into his life. Id. at 42:6-10. Williamson and Barber resumed dating about one month after Williamson flagged Dr. Lawson's case for IRS collection activity, see Section IIB, infra. Williamson ended his relationship with his then-girlfriend so that Barber could move in with him. Id. at 42:19-20. Although the move was ostensibly temporary, Williamson hoped that the relationship with Barber would be permanent. At the time he was "thinking that maybe [they] could give this a second shot, see where it goes." Id. at 47:5-6. Barber nonetheless continued to look for a different place to live. Without telling Williamson in advance where they were going, she took Williamson to look at an apartment inside Dr. Lawson's Hangar. Id. at 42:24-44:9, 45:9-18. Williamson was "disappointed" that she had brought him there. Id. at 43:18. Williamson discouraged her from moving into the Hangar. Williamson also told Barber that the IRS was investigating Dr. Lawson and that it was "really bad." Exh. NN, ¶7. Barber eventually moved into the Hangar anyway. Dkt. 398 at 48:15-24. Williamson didn't like the fact that Barber moved into Dr. Lawson's property. Exh. NN, ¶11. He knew that Barber wasn't paying rent for the Hangar apartment and that she didn't have United States v. Lawson Page 4 3:16-cr-00121-TMB-DMS 4 to do much as a "caretaker" aside from occupying it. Dkt. 398 at 134:13-135:1. Williamson later told his IRS subordinate, Revenue Officer Martinez (Kimmel), that he thought that Dr. Lawson, who he knew made a lot of money and had several properties, was continuing to support Barber. Id. at 233:18-25. Williamson also suspected that Dr. Lawson and Barber had an intimate relationship, including after she moved into the Hangar. Exh. NN, ¶¶8. After Barber moved out of Williamson's home and into the Hangar, Barber and Williamson had a tumultuous relationship. See, e.g., Dkt. 398 at 49:13-17, 50:13-19. They continued to have intimate encounters through at least February 2012. Id. at 52:2-53:19. They took trips together and he would bring her dinner and groceries. Id. at 51:14-23. She continued to come to his house unannounced. Late night on Valentine's day in 2012, Barber insisted that Williamson come to the Hangar. When he did, he found her naked, wrapped in pink cellophane with a bow. Id. at 52. B. Williamson initiated IRS collection activity against Dr. Lawson. The next month, Williamson initiated formal IRS collection proceedings against Dr. Lawson. Williamson testified that during the "first part of 2011, March, maybe" he happened to come across the letters "L-A-W-S" as a "mandatory case assignment." Dkt. 398. at 113:19-20; 115:25. Williamson stated that he asked his colleague, Doug Hartford to look to see whether it was Dr. Lawson. He then contacted his supervisor, Harris, who told him that Williamson's direct report Kimmel would be assigned to Dr. Lawson's case, but that Hartford was "to make all supervisory decisions on the case." Dkt. 398 at 56:1-5, 115:17-116:8. Although Williamson claimed that the collection case was a "mandatory assignment," that testimony was not corroborated by any other witness at the hearing, and it is contrary to the IRS' own written policies and procedures. Williamson's supervisor, Chris Harris, did not verify Williamson's claim that Dr. Lawson's case "had to" be assigned. Harris initially said that he didn't believe that Lawson's case was a mandatory assignment but then said he wasn't sure. Dkt. 399 at 202:12-18. Harris admitted that if Dr. Lawson's matter fell within a "discretionary" category, Williamson had the power to choose to either assign it or United States v. Lawson Page 5 3:16-cr-00121-TMB-DMS 4 skip over it.1 Id. at 211:9-212:8. Implicit in this testimony is that Williamson had the ability to leap over other priority cases to focus IRS resources on Dr. Lawson. There was no oversight into Williamson's selection process. Importantly, there is no way to confirm the veracity of Williamson's claim that Dr. Lawson's case was mandatory (or even a top priority for assignment). Dkt. 399 at 221:19-222:5. As Harris testified: "I don't think, at this point, you'll ever know because what happens is on the computer screen, it will come up as mandatory and once that's gone, there's no record of it". Id. In addition, Doug Hartford testified that he was "probably" assigned in the middle of the collections case. Id. at 229:10-25. The IRS collections records provided to Dr. Lawson make no reference to Hartford's assignment to the collection action until August 25, 2011, which was almost 6 months after it was opened on March 5, 2011 (see Exh. 33 at RA0021) and just before it was referred to audit in September 6, 2011 (see Exh. 36). Dkt. 399 at 231:2-4; Exh. 33. Kimmel also testified that Williamson (and not Hartford) originally assigned her the case; that is, Williamson only recused himself after assigning Kimmel to work on it. Dkt. 398 at 266:10- 267:17. Kimmel testified that cases are given different priority levels, and that Williamson had authority to "pick and choose which cases were assigned for collection". Id. at 261:11-19; 247:18- 248:2. She further testified that there are many "mandatory cases" to be worked but they don't all get assigned out. Dkt. 399 at 23:18-24:4. Kimmel noted that for the previous tax year (2008), Dr. Lawson "paid a million dollars without IRS interaction," without formal IRS collection activity, contradicting a claim that the dollar amount merited mandatory consideration. Id. at 53:4-15. Kimmel's explanation of the case selection process as giving managers discretion to select from among various cases is consistent with published IRS rules. Dkt. 399 at 21:6-22:15. The Internal Revenue Manual ("IRM") likewise does not support a finding that a collection action pertaining to Dr. Lawson's 2009 taxes was required to be assigned. IRM 5.1.8.5 et. seq. sets 1 IRM 1.4.50.8.3-8.4 discusses a "queue" of "unassigned Collections cases… prioritized for selection". The government has produced no evidence showing that Dr. Lawson would have been selected for collections activity but for Williamson advising Harris of the case. United States v. Lawson Page 6 3:16-cr-00121-TMB-DMS 4 forth the types of mandatory assignments collection group managers assign. Dr. Lawson's 2009 taxes do not fit within any of the categories. 2 Per the government, Dr. Lawson's 2009 return reporting $1.76 million in unpaid taxes was filed in October 2010. See Dkt. 317, ¶2. Because less than five months had passed since the purported filing date, there was no danger of a statute of limitations on collection expiring such that immediate collection action was required. Penalties and interest would continue to accrue on any unpaid balance, so there was no pressing need for immediate payment. Here, the penalties and interest accruing on $1.7 million were substantial so Dr. Lawson had incentive to pay or be penalized irrespective of formal IRS collections activity. See https://www.irs.gov/taxtopics/tc653.3 See Hawbecker Decl., Exh. B. Non-mandatory collection cases are "Discretionary Assignments" assigned by "risk level." IRM 5.1.8.6. IRM 1.4.50.8.4 indicates that while Dr. Lawson's collection case may have been a "High Priority", it was not a "Taxpayer Contact Required" matter. IRS records indicate that Dr. Lawson was assigned a "risk score" of "099". Hawbecker Decl., Exh. A. That score meant Dr. Lawson fell short of the "100" score mandating IRS contact. IRM 1.4.50.8.4.1-2. The Government has failed to produce any records establishing that Dr. Lawson's collection case was mandatory or that it was the highest priority case in the IRS Anchorage office at the time Williamson pulled it from the IRS' computer system to start the process of assignment and active collection activities against Dr. Lawson. Harris testified that when a supervisor like Williamson is searching for active cases to assign to subordinates like Kimmel, he would enter a zip code and be given a list of ten cases and that Dr. Lawson's case was somewhere in that list. Dkt. 399 at 222:6-21. There is no evidence that Dr. Lawson's case was first on the list, or required to be assigned at all, much less given priority over other taxpayers. The government's attempts to minimize the power Williamson had to decide whether to pursue a collection action against Dr. Lawson by claiming that the case was "mandatory." The 2 See IRM 5.1.8.5.1. https://www.irs.gov/irm/part5/irm_05-001-008r#idm140120932028576 3 In fact, Dr. Lawson was assessed (and paid) over $280,000 in penalty and interest charges for paying his 2009 taxes late United States v. Lawson Page 7 3:16-cr-00121-TMB-DMS 4 evidence establishes that Williamson was not required to flag Dr. Lawson's case for collection. But the evidence suggests that whether the case was mandatory or not, Williamson played a key role in narrowing the IRS' sights on Dr. Lawson. Dkt. 398 at 122:5-9. C. Williamson attempted to influence the IRS investigation. Williamson tried to influence the initial IRS activities against Dr. Lawson by giving Kimmel information that he knew about Dr. Lawson, including his assets. Dkt. 398 at 177:13- 179:7, 222:9-223:13; Dkt. 399 at 26:25-27:16, 29:8-12; 63:17-18 ("Mr. Williamson was still trying to actively influence the case, even though he wasn't [Kimmel's] direct supervisor"). Williamson also claimed at the hearing that he took Kimmel to the Hangar in April 2012 because he thought she should see Dr. Lawson's assets. Id. at 188:8-18, 189:12-19. He also offered to show them to her. Dkt. 398 at 232:15-233:6. By that time, Williamson had been in the Hangar multiple times while dating Barber and had seen what was stored inside. Exh. NN at ¶¶13-20. Barber was surprised when Williamson seemed to know what was inside the Hangar even when she hadn't shown him. Id. ¶19. Williamson also inappropriately shared the details of his relationship with Barber with his subordinate at the IRS, RO Kimmel, telling her that he believed that after Williamson and Barber broke up, Barber dated Lawson and was doing special things for her, such as taking her on trips. Dkt. 398. 219:16-220:24; Exh. H at ¶13. Williamson also had access to IRS records pertaining to Dr. Lawson. Dkt. 399 at 25:13- 26:2. In addition, he told Barber that Dr. Lawson was under investigation, that "he knew pretty much everything that was going on," and that he should not be seen at the Hangar. Id. at 195:19- 196:13. Williamson continued to talk to Kimmel about his relationship with Barber, and Barber's relationship with Dr. Lawson, while she was working Dr. Lawson's collection case and spoke openly so that others in the IRS office could also hear about it. One of the people he spoke to was RA Zeznock's future wife, Grace, who sat directly across from Kimmel. Id. at 217:20-219:15. United States v. Lawson Page 8 3:16-cr-00121-TMB-DMS 4 D. Williamson broke into Dr. Lawson's hangar in order to spy on his ex- girlfriend and to show Kimmel Dr. Lawson's assets. On April 4, 2012, knowing that Kimmel was heading to the Mat-Su Valley to conduct field visits, Williamson decided to accompany her. Williamson knew that Kimmel's trip would take her in close proximity to (1) the Mat-Su regional medical center, where Barber worked, and (2) Dr. Lawson's Hangar, where Barber lived. Dkt. 398 at 61:18-62:14. Williamson was not in a good place in his life at the time. Id. at 62:15-24. In fact, he was "truly disrupted" and "had a lot of things going on." Id. Williamson testified that he offered to drive the government vehicle that day so that Kimmel would not have to discuss her cases with him while driving, and with "a bunch of papers in her lap, and whatnot." Id. at 64:17-65:1. He also claimed the decision to visit Dr. Lawson's hangar on that day was "spontaneous," and that he did so only in order to "show [Kimmel] where the hangar is." Id. at 68:18-21; 70:8. He admitted that he visited Barber at the hospital where she worked immediately prior to going to the Hangar, but he claimed the purpose of the visit was only to bring her mail and a cheeseburger. Id. at 66. He didn't tell Barber that he was heading to her apartment immediately after seeing her. In fact, Williamson claimed that at the time he visited Barber at the hospital, he had not even made the decision to go to the Hangar. Id. at 70:3-5. As Williamson put it: "I believe what happened was as we were leaving, I asked, or discussion point got brought up, asked if Amber had physically seen, been to—because that's a requirement—the hangar, and she had said no. And I said, 'Well, if you have time, we can go over there real quick,' and she said that would be fine." Id. at 67:17-22. None of this was credible. Kimmel denied Williamson's account of the events of April 4, 2012. She testified that minutes after she told him that she was heading toward Wasilla, Williamson announced that he would be joining her. Id. at 225:24-226:2. Williamson only supervised Kimmel in the field once or twice per year. Id. at 226:12. On the only previous occasions when he did, Williamson had never driven. Id. at 226:18-19. She rejected the idea that her manager would drive, rather than her, to permit her to review her paperwork. Id. at 227:5-11. There was no valid reason for them United States v. Lawson Page 9 3:16-cr-00121-TMB-DMS 4 to go the Hangar since Kimmel's collection case was closed. Kimmel testified that when Williamson drove to Dr. Lawson's Hangar on April 5, 2012, Williamson told Kimmel that he thought Barber was still seeing Dr. Lawson. Exh. H at ¶19. He also expressed his dislike for Dr. Lawson. Id., Exh. H at ¶22. At one point the day Williamson veered of the road. When it became clear that Williamson was driving toward Dr. Lawson's hangar, Williamson said he had to "check something out." Dkt. 398 at 231:8-9. When they arrived at the Hangar Williamson got out of the car and peeked through the windows. He returned to the car "visibly upset." Kimmel told Williamson that they should not be there and they needed to leave, but Williamson ignored her. Turning to her, he said "What you're about to see, you never saw. You understand me?" Id. at 232:11-12. He proceeded to enter a code into the pin pad and enter the Hangar. When he returned, he complained to Kimmel that Barber was seeing someone else and that she was lying to him about it. Id. at 232:15-23. Williamson also described the assets he saw inside the Hangar to Kimmel. Id. at 233: 4-5 ("He's got a couple things and a limo in there. You want to go see them?"). While Williamson's account differs from Kimmel's, he admitted that he went inside the Hangar and looked in Barber's apartment because he suspected that she was seeing someone else and wanted to see if someone else was living in her apartment. Id. at 75:8. He also admitted that he did not have Barber's permission to be in the Hangar or the apartment that day. Id. at 76. He admitted that he did not tell Barber that he was going there or ask her permission. Id. at 69:19-70:25, 76:9-15, 78:3-5, 81:9-12, 149:1-188, 171:15. E. The IRS failed to investigate, discuss, or report Williamson's activities to Dr. Lawson, Barber, and law enforcement. Both TIGTA and Williamson's supervisors conducted an "investigation" into Williamson's conduct. Williamson was interviewed by his boss, Chris Harris, who testified that Williamson told Harris only that he went to his ex-girlfriend's apartment (leaving out the part about entering the Hangar without permission). Dkt. 399 at 207:16-208:10; 214:22-215:11. Harris did not ask Williamson whether he had permission to enter the Hangar (and Williamson didn't offer it), as Harris's "main concern" was that his conduct was done on company time using a United States v. Lawson Page 10 3:16-cr-00121-TMB-DMS 4 company vehicle", not whether he was unlawfully stalking an ex-girlfriend or breaking into Dr. Lawson's property. Id. at 215:6-216:18; 217:16-218:4, 222:14-25. The TIGTA investigation conducted by Special Agent Jacqueline Siegel consisted of little more than an interview with Williamson that took place almost five months after the Incident. Dkt. 400 at 6:5-8:8, 15:2-11. Siegel assumed that Williamson had permission to enter the Hangar. Id. at 11:14-20. This is inconsistent with the testimony of both Barber and Williamson. Siegel never interviewed Dr. Lawson or Barber regarding Williamson's authority to enter the Hangar, nor did she alert either of them of what Williamson had done. Siegel, who knew Williamson from previous work together, told Kimmel that it "doesn't sound like something John would do" and that he was "just having a bad day." 4 Id. at 235:10-25; 241:24-242:25. Siegel did not ask Williamson about his belief that Dr. Lawson and Barber were engaged in a sexual relationship, and Williamson didn't volunteer that information. See Dkt. 396 at Exh. 29. TIGTA investigators are not tasked with taking a subject's word to it; they are supposed to investigate. Walsh Decl., ¶22. Although Siegel put in her "Investigative Work Plan" that she would research Williamson's "Audit Trails" (Dkt. 242-1 at 1), there is no evidence that she did so. Walsh Decl., ¶¶17-19. While Siegel's "Report of Investigation" attaches a report of each of the steps she took and the results (see Government Exh. 29), it makes no reference to a search of Mr. Williamson's "Audit Trails". Audit Trails are regularly searched by TIGTA agents to see whether IRS employees improperly used IRS computer systems to conduct non-IRS inquiries. Walsh Decl., ¶16; see also Dkt. 266-2 at 1, 2, 145 (referring to search of Audit Trails during TIGTA investigation to determine whether FTA accessed other individuals' private information). SA Siegel failed to investigate whether Williamson had logged onto IRS systems to search 4 Had SA Siegel done a proper investigation and disclosed Williamson's unauthorized conduct to local law enforcement, it would have potentially led to his termination. See e.g., IRM 1.4.50.3.2.3(c)(termination for "violating the constitutional rights of or discriminating against taxpayers or employees") 5 There is no report of an Audit Trail search such as that produced at Dkt. 246-1, p. 14-15 in the Williamson records. Hawbecker Decl., ¶ 2. United States v. Lawson Page 11 3:16-cr-00121-TMB-DMS 4 for (and potentially affect) records pertaining to Dr. Lawson and Barber. Dkt. 241-1 at 1; Walsh Decl. ¶15. Nor did she look into whether Williamson inserted himself into IRS actions pertaining to Dr. Lawson even though Kimmel had told SA Siegel that Williamson was jealous of Dr. Lawson. At the evidentiary hearing, Siegel testified that whether or not an IRS employee illegally entered the Hangar was "irrelevant" to her investigation. Dkt. 399 at 15:19-19:10. Siegel had no concern for the personal safety of Barber or Barber or Dr. Lawson's privacy rights or right to be secure in their home and property. Id. at 22:4-22. F. The prosecution team knew of the Williamson break-in and TIGTA report and investigation no later than 2014. The Motion to Dismiss (Dkt. 254) describes in detail the defense's multiple requests for information regarding what was then known only as the "conflict of interest" concerning ROGM 41. Dkt. 254 at 12-14. The motion posited that either (1) SA Rhame and Zeznock concealed the Williamson burglary from the prosecution, or (2) the prosecution concealed the burglary from the defense and affirmatively misled the defense and the Court about it. Id. at 11-12. The evidence and testimony presented at the evidentiary hearing make clear that the prosecutors, and in particular, DOJ Trial Attorney Hendrickson, affirmatively concealed this information. The government made repeated representations that it had no information or documents responsive to the defense requests, despite the fact that they spoke to neither Kimmel nor Williamson about the conflict issue. Dkt. 398 at 172:21-173:21. But as the defense suspected, both Zeznock and Rhame knew about the Incident years ago, and Rhame disclosed it to the prosecutors no later than 2014. Zeznock learned about the break-in shortly after it happened in April 2012. Id. at 240:16- 241:7, Dkt. 399 at 80:1-24.6 He found out about it from Amber Kimmel, who had come to him "freaking out" about what she had witnessed Williamson do. Id. at 79:14-80:24. Because Kimmel 6 This signifies that Zeznock knew about Williamson's jealousy by early June 2012, which is the same time he started his audit against Little Wing (later expanded to include Dr. Lawson and Midnight Sun Oncology, Inc.). Dkt. 398 at 89:19- 90:19. United States v. Lawson Page 12 3:16-cr-00121-TMB-DMS 4 was still "freaking out" when he told her about it the first time (he told her more in August 2012), Zeznock must have learned about the break-in shortly after it occurred. Id. Rhame knew about Williamson's break-in when she received the criminal referral from Zeznock and Kalanges in early 2013. Dkt. 398 at 241:21-23, 243:17-246:6, Dkt. 399 at 86:16-21; 136:5-140:2; 141:22-23; 177:1-19. When Rhame interviewed Kimmel in 2013, Kimmel told her that "John Williamson had broken into Dr. Lawson's hangar and that she had reported it to TIGTA and that there was an investigation of it." Dkt. 399 at 136:12-14. Rhame didn't ask any follow up questions because she "didn't really care." Id. at 136:18. Kimmel told Rhame that Williamson's actions were "because of a relationship that John had with an individual that was staying in Dr. Lawson's hangar." She told Rhame that the person who was staying in Lawson's hangar was Tonya Naquin (Barber). Id. at 139:15-16. And she told Rhame that Barber "dated Dr. Lawson." Id. at 140:9. Nonetheless, Rhame concluded that the break-in had "nothing to do with Lawson." Id. at 139:4. Rhame claimed that she just "didn't put two and two together." Id. at 140:9-10. SA Rhame told lead prosecutor Lori Hendrickson about the Williamson break-in incident in 2014. Dkt. 399 at 146:22-147:5, 151:14-152:14, 155:4-9. She told Ms. Hendrickson because she felt that it was a "potential issue in the case" because it was a "TIGTA investigation related to an asset owned by Dr. Lawson, and it could potentially be an outlying issue." Id. at 152:19-21. She also wanted to "cover" herself against "allegations that [she] didn't tell the prosecution." Id. at 153:9. Hendrickson did not ask any follow up questions in 2014. She did not ask Rhame to follow up to obtain a copy of the TIGTA report. Id. at 156. In October 2017, after the defense requested information about the ROGM 41 conflict of interest that caused his removal from the investigation, the prosecutors asked Rhame what the conflict was about. Rhame understood that the conflict was "due to the break-in." Id. at 157:9- 10. Rhame knew that a TIGTA report existed about the break-in, and asked lead prosecutor Lori Hendrickson if she wanted her to get a copy of it. Id. at 157:21-158.1. Hendrickson said "not to go request it." Id. United States v. Lawson Page 13 3:16-cr-00121-TMB-DMS 4 In December 2017, after the Court ordered the prosecution to search and produce material related to the conflict of interest, Rhame and the prosecutors met to discuss the order. Rhame specifically recalled discussing the issue with Lori Hendrickson. Id. at 162. Again, the prosecution did not instruct Rhame to obtain the TIGTA report or follow up to obtain any more information about the break-in. Id. at 160-61. The prosecution produced no documents in response to this Court's December 2017 order. G. The Government falsely claimed that there were "no documents" related to the Williamson break-in, and affirmatively misled the defense and the Court about the conflict and TIGTA report. 1. February 26, 2018 Misrepresentations On February 26, 2018, in response to a defense inquiry why no documents had been produced, Hendrickson again represented to the defense that there were "no documents" that responded to the Court's order "to discover all Brady, Giglio and Rule 16 documents to the defense pertaining to. . . the reasons for ROGM 41's removal from the investigation. . ." Exh. JJ. She also made an affirmatively misleading "disclosure" to the defense about the "conflict issue." In the disclosure, Hendrickson says Williamson accompanied Kimmel on visits to locations related to determining what assets Dr. Lawson possessed, and states that when it was "subsequently learned" that "Williamson had a personal relationship with tenant Tonya Naquin, who was living at Dr. Lawson's hangar, the IRS reassigned future collection of Dr. Lawson's taxes. . . ." Id. The disclosure is false and misleading. Williamson did not accompany Kimmel to identify Lawson's assets; the one known incident in which he accompanied Kimmel occurred months after Kimmel's collection case regarding Lawson closed. Williamson's "personal relationship" with Naquin was not learned "subsequently," it was identified (per Williamson) in March 2011. Most importantly, the disclosure makes no reference Williamson's going into Dr. Lawson's hangar without permission in April 2012, or his personal relationship with Tonya Naquin, or the fact that Williamson believed that Naquin dated Dr. Lawson. The prosecution team (or at minimum, SA Rhame) was aware of United States v. Lawson Page 14 3:16-cr-00121-TMB-DMS 4 all those facts. This misleading disclosure was not inadvertent or the product of a mistake. This misrepresentation was the product of careful and deliberate planning by the prosecution team. Emails exchanged between the prosecutors and Rhame reveal that it was carefully crafted in an effort to mislead the defense and discourage the defense from seeking (and the Court from ordering) further disclosures. Hendrickson circulated a draft of the above disclosure on the morning of February 26, 2018. Exh. Z. Rhame responded in an email at 9:26 a.m. "I don't know how precisely accurate all of the statements are in the paragraph and don't want to be held to the exact details put forth." Id. She then wrote "I am not sure it is fair to assert that the IRS deemed there to be a conflict solely due to him having a previous relationship with the tenant in the hangar. I have discussed with you all the circumstances of that visit and the aftermath." Id. After Hendrickson circulated another revised disclosure (which likewise left out the fact of the break-in) and after Rhame expressed reservations about that draft too, Hendrickson invited Rhame to "propose a more general and accurate description of what happened." Exh. II. Hendrickson further instructed Rhame that "we have to give them enough information so it is clear to Judge Smith that the circumstances do not constitute Brady or Giglio information which might require additional disclosure by the government." Id. Hendrickson anticipated that the disclosure to defense counsel would be produced to the Court, saying "[w]e would attach this letter to our response if they file a motion asking for more information about this topic." Id. Rhame proposed a slightly more accurate, but also highly whitewashed disclosure, in which she disclosed that Williamson had "allegedly acted inappropriately towards the property of his ex-girlfriend, Tonya Naquin, who was staying in a hangar owned by Dr. Lawson" and that as a result of that conduct, "Williamson was temporarily relieved of his management capacity over the Lawson case pending the review." Exh. II. Rhame's proposed disclosure was vague and plainly minimized what happened on April 4, 2012. It also failed to correct the false representation that there were "no documents" responsive to the Court's discovery order because Rhame knew there United States v. Lawson Page 15 3:16-cr-00121-TMB-DMS 4 was a TIGTA file they hadn't looked at. Rhame also made explicit reference to the TIGTA report that she had been told not to get. Id. She stated "I am not sure if we need to go any further than that and am not sure if the defense would be entitled to the TIGTA report, but if you want to go down the road of telling the defense what happened, I would feel better fully disclosing the issue rather than only stating part of the facts in the letter." Id. Hendrickson rejected Rhame's suggestion that the prosecution review the TIGTA report before responding to the defense or making representations to the Court. She wrote that Rhame's proposed disclosure would just raise "more issues" and would have the effect of "practically guaranteeing defense will file a new motion asking for more information." Exh. JJ. "Our purpose," she said, "is to give the defense and Judge Smith enough information to know there is nothing else we are obligated to provide." Id. 2. May 15, 2018 Misrepresentation On May 15, 2018, AUSA Russo falsely represented to the defense that there were "no documents subject to discovery concerning ROGM 41." Exh. KK. At the time that email was sent, Russo was (at minimum) aware that a TIGTA report existed about the Williamson break-in; he had been copied on Rhame's email in which she explicitly referred to the TIGTA report. Exh. II. When questioned by the Court on May 17 about his email, Russo stated that he made that representation "based on our understanding of the facts that we knew two days ago, I believe it was." See Dkt. 224 at 93:23-25. As of that time, Russo claimed, "our understanding was that these were—that there were no documents based on prior email which we provided and additional explanation." Id. at 94:1-4. Moments later Russo repeated that as of the day before "we were not aware that there were records." Id. at 94:22-95:4. 3. May 17, 2018 Misrepresentations When defense counsel attempted to question government witnesses about the Williamson break-in on May 17, 2018, all three prosecutors fought aggressively to prevent the defense from inquiring. Because of Hendrickson's deliberate decision not to obtain the TIGTA file in 2014, she United States v. Lawson Page 16 3:16-cr-00121-TMB-DMS 4 denied having any "firsthand" knowledge of the break-in or whether there was "an internal investigation of [Williamson] trespassing or breaking into Dr. Lawson's property." See Dkt. 224 at 80:8-16. Meanwhile Mr. Russo denied, in response to a direct question from the Court, knowing that there were records related to the Williamson break-in, see infra, and AUSA Randall claimed that she didn't "know if there are documents, because personnel actions after a period of time. . . get destroyed. . . ." Id. at 95:13-24. Moments later, AUSA Randall claimed that "getting this disciplinary file has proven to be very difficult and we are still trying to pursue it." Id. at 81:12- 14. The next day, when defense counsel inquired of RA Zeznock whether he had discussed the Williamson incident with the prosecutors prior to his testimony, AUSA Randall objected on the ground that that information was "privileged." Dkt. 225 at 90:20-91:7. H. The Government falsely claimed that its failure to investigate and report crimes committed against Dr. Lawson and Ms. Barber was legally mandated. Hendrickson and SA Siegel both offered a duplicitous reading of 26 U.S.C. Section 6103 in order to justify the Government's failure to contact Dr. Lawson, Ms. Barber, or local law enforcement regarding Williamson's conduct. Id. at 254:1-17, 257:13-21. In addition to claiming that whether Williamson broke into the Hangar was "irrelevant", SA Siegel testified that she was prohibited from speaking to Barber about Williamson unlawfully entering the Hangar to spy on her: Q: So you wouldn't have told … Ms. Barber that he entered her apartment on that day? A: Most likely not, because it would probably involve disclosure of tax information. Q: Why is that tax information? A: Just – it just is. If you – if you disclose information relating to any kind of taxpayer tax case or ongoing matter, it's tax information Q: I'm just a little puzzled, because I see nothing tax-related about this case. This is a person's property, my client's hangar, Ms. Naquin's living space. A: I'm not going to discuss what is, what isn't tax information. You can look it up and figure that out on yourself—by yourself. Dkt. 400 at 19:11-20:3. Ms. Hendrickson represented to the Court that SA Siegel's interpretation was right. That is, she asserted that IRS employees may commit crimes and evade state prosecution because IRS and TIGTA employees are barred from disclosing criminal misconduct affecting United States v. Lawson Page 17 3:16-cr-00121-TMB-DMS 4 taxpayers to state authorities. Dkt. 400 at 50:4-51:19. In fact, Hendrickson offered purported expert testimony during closing argument based on her time as a Special Agent: Court: …this is an education for me. So from an IRS Special Agent's perspective, if they received…hypothetical information that an IRS agent had broken into the property of a taxpayer under audit, totally illegally, totally unrelated to that audit or IRS investigation, it is your understanding that the Special Agent would not be permitted to report that to the taxpayer? Hendrickson: Yes. If the Special Agent learned it in the course of their duties… Court: And he wouldn't be able to refer it to a state prosecutor for prosecution? Hendrickson: No. … Court: …TIGTA would not, under your reading of 6103 – and do I understand correctly you were a prior Special Agent? Hendrickson: Yes. Court: That's helpful to know. So under 6103, from the training you received as a Special Agent, it wouldn't be appropriate to report that to either the taxpayer or to state authorities? Hendrickson: It wouldn't be permitted. It would be a violation of the law. Id. at 51:8-53:14. Siegel and Hendrickson are not only wrong, but the statements they made under oath (in Siegel's case) and in response to direct questioning from the Court (in Hendrickson's case) were frivolous and not made in good faith. See Walsh Decl. ¶24-28. Section 6103 "is designed to protect the flow of information between taxpayers and the Internal Revenue Service by controlling the disclosure of tax information by government employees." Lampert v. United States., 854 F.2d 335, 336 (9th Cir. 1988). The statute was created to protect taxpayers like Dr. Lawson, not shield IRS employees who commit wrongdoings against taxpayers. Id. ("The Act creates a private cause of action by taxpayers against the United States and provides for damages.") I. The IRS departed from its ordinary practice by failing to inform Dr. Lawson of the errors on his return and give him an opportunity to correct them and pay what he owed. In addition to not being told he was a victim of an IRS manager's break-in and snooping, Dr. Lawson was not treated fairly by the IRS during the audit phase. No reasonable explanation has been given for the disparate treatment of Dr. Lawson. While the Government maintains that United States v. Lawson Page 18 3:16-cr-00121-TMB-DMS 4 it has a right to start a criminal investigation at any time, Publication 17 of the Internal Revenue Manual establishes taxpayer rights during an audit, including the "Right to Be Informed" about IRS decisions, to "receive clear explanations" and the "right to challenge the IRS's position and be heard." The record establishes that Dr. Lawson was never given any explanations about the problems the IRS identified on his tax returns, let alone given a right to challenge and be heard before being thrust into a criminal investigation. By contrast, Williamson (and Kalanges) were given ample opportunity to understand and address the IRS' allegations about their misconduct. In fact, TIGTA accepted Williamson's claim that his conduct was due to negligence and inattention rather that willful misconduct. 8 Dkt. 398 at 88:6-89:14. Dr. Lawson was given no such opportunity to demonstrate that his tax conduct was due to negligence and inattention prior to the launching of a criminal investigation. The disparate treatment between the IRS' own and Dr. Lawson is striking. On August 23, 2012, FTA Kalanges specifically told Zeznock that he should seek both Dr. Lawson and his tax preparer/attorneys' explanation of his charitable deductions; yet Zeznock never asked him about them. Dkt. 399 at 96:8-99:15. Zeznock admitted it was "critical" to know why they treated deductions a certain way and who made the decisions (whether Bolvin or Dr. Lawson) yet failed to ask for this information. Id. The FTA explained: …in the context of fraud development cases … courts recognize the importance of giving the taxpayer the opportunity to present an exculpatory statement or clear reasonable alternative to the facts that the revenue agent is in the process of developing. So it's an opportunity to let the taxpayer give their explanation of what the revenue agent is seeing. Dkt. 225 at 155:1-8. Further, Zeznock admits that despite the fact that his criminal referral claimed that Dr. Lawson was uncooperative, it was actually his representative/tax preparer/and tax attorney Bolvin (not Dr. Lawson) who was uncooperative. Dkt. 399 at 106:2-107:18. Zeznock further admitted that he made no effort to determine whether Bolvin rather than Lawson was at fault for 7 See https://www.irs.gov/pub/irs-pdf/p1.pdf 8 FTA Kalanges was also allowed to surrender his position at the IRS rather than face criminal prosecution, finding another job with a state government agency. United States v. Lawson Page 19 3:16-cr-00121-TMB-DMS 4 tax return errors before referring Lawson to IRS CID. Id. at 109:6-15. In sum, Zeznock's conduct toward Dr. Lawson did not comport with usual and customary practices, rights afforded other taxpayers, or the publicized Taxpayer's Bill of Rights. See Dkt. 245 (noting Zeznock's failure to seek to determine fault and responsibility for items on tax returns). III. ARGUMENT A. The Government willfully withheld evidence and deceived both the defense and the Court. As established above, there is no meaningful dispute that Williamson had a grudge against Dr. Lawson. Williamson was empowered to initiate the collections action against Dr. Lawson, and every witness (other than Williamson) believed that he had the discretion to assign the case or not. The evidence shows that Williamson violated IRS protocol by sharing details about his relationship with Tonya Barber, and making inappropriate disclosures about Dr. Lawson's assets that he had learned during the course of that relationship and afterward. It is also undisputed that Williamson unlawfully entered Dr. Lawson's property in 2012 and that the government made every effort to hide that fact from the target of the collections action (Dr. Lawson), the victim of the burglary (Ms. Barber), and later, Dr. Lawson's defense team. No one from the government thought of or cared about Dr. Lawson and Barber's privacy rights and safety despite clear indications that Williamson was jealous ex-lover agitating against them. There is also no question that the government disobeyed a Court order, willfully suppressed evidence, and affirmatively misrepresented the facts available to the prosecution team in an effort to mislead the Court. Kyles v. Whitley, 514 U.S. 419, 437 (1995) (prosecutors have "a duty to learn of any favorable evidence known to the others acting on the government's behalf …). Rhame and Zeznock knew at the outset of the criminal investigation in early 2013 that Williamson had unlawfully entered Dr. Lawson's hangar while an audit was pending in 2012. They also knew that this conduct resulted in a TIGTA investigation. Rhame told Hendrickson about the break-in in 2014 and specifically offered to request information from TIGTA. Hendrickson said "no", preferring to be "willfully blind" to any material that had the potential to aid Dr. Lawson's defense United States v. Lawson Page 20 3:16-cr-00121-TMB-DMS 4 in violation of her duties under Kyles v. Whitley. She then schemed to disclose false and misleading information that she knew would come before the Court. The Government's conduct was outrageous. It did not stop with hiding and misrepresenting evidence; it sought to deceive the Court not only by misrepresenting facts, but by misrepresenting law and IRS procedures. This conduct interfered with the orderly administration of justice, burdening both the defense and the Court with unnecessary hearings and litigation. Dismissal is necessary to protect Dr. Lawson's rights to due process, to ensure that taxpayers are not singled out for IRS collection activities due to personal animus or bias, and to ensure that taxpayers are given a right to understand, explain, and contest purported tax errors before being referred to criminal examination. Further, dismissal is warranted here to specifically deter the prosecution team in this case and generally deter the government from hiding crimes by their own employees and suppressing and misrepresenting facts and law to both defendants and court. United States v. Ross, 372 F.3d 1097, 1107 (9th Cir. 2004); United States v. Samango, 607 F.2d 877, 884 (9th Cir. 1979) (affirming the district court's dismissal as a proper exercise of its supervisory power); United States v. Leung, 351 F. Supp. 2d 992, 997 (C.D. Cal. 2005). Anything less than dismissal of the indictment sends a message that the prosecution can engage in misconduct, knowing that they are unlikely to get caught but knowing that if they are, it will not matter; they will still have their case. United States v. Lawson Page 21 3:16-cr-00121-TMB-DMS 4 IV. CONCLUSION The Motion established a threshold showing that Dr. Lawson was the victim of a jealous IRS manager, that the Government covered up a crime on Dr. Lawson by an IRS manager, and that the Government affirmatively misled Dr. Lawson and the Court. The evidentiary hearing not only offered proof of those allegations, but offered further evidence of the Government's ongoing efforts to deceive Dr. Lawson and the Court as to facts and law. Dismissal is the only appropriate response to that conduct. Therefore, Dr. Lawson's Motion should be granted. Dated: September 5, 2018 By: ___________________________ Thomas H. Bienert Ariana Seldman Hawbecker John L. Littrell BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, CA 92673 T: (949) 369-3700/F: (949) 369-3701 Counsel to Lawrence J. Lawson, Jr. United States v. Lawson Page 22 3:16-cr-00121-TMB-DMS 4 CERTIFICATE OF SERVICE I declare that I am a citizen of the United States and I am a resident and employed in Orange County, California; that my business address is 903 Calle Amanecer, Suite 350, San Clemente, California 92673; that I am over the age of 18 and not a party to the above-entitled action. I am employed by a member of the United States District Court, and at whose direction I caused service of the foregoing DEFENDANT'S CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS INDICTMENT on all interested parties in this action as follows: [X] BY ELECTRONIC TRANSMISSION: by electronically filing the foregoing with the Clerk of the District Court using its ECF System pursuant to the Electronic Case Filing provision of the United States District Court General Order and the E-Government Act of 2002, which electronically notifies said parties in this case: Steven E. Skrocki Timothy M. Russo, Trial Attorney Assistant U.S. Attorney US Dept. of Justice, Tax Division Email: Steven.Skrocki@usdoj.gov Timothy.M.Russo@usdoj.gov Lori A. Hendrickson, Trial Attorney US Dept. of Justice, Tax Division Lori.A.Hendrickson@usdoj.gov I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 5, 2018, at San Clemente, California. /s/ Garrison M. Giali Garrison M. Giali United States v. Lawson 3:16-cr-00121-TMB-DMS 4

DECLARATION of ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANTS CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS by Lawrence J. Lawson, Jr [416] Additional Related Document filed by Lawrence J. Lawson, Jr.

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 tbienert@bmkattorneys.com (admitted pro hac vice) Ariana Seldman Hawbecker, Cal. Bar No. 190506 ahawbecker@bmkattorneys.com (Admitted pro hac vice) John L. Littrell, Cal. Bar No. 221601 jlittrell@bmkattorneys.com (Admitted pro hac vice) BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, DECLARATION OF ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANT'S v. CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON LAWRENCE J. LAWSON, JR. MOTION TO DISMISS INDICTMENT Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS DECLARATION OF ARIANA SELDMAN HAWBECKER I, Ariana Seldman Hawbecker, declare as follows: 1. I am an attorney admitted to practice before this Court, and am a partner at the law firm of Bienert, Miller & Katzman, PLC, attorneys of record for Defendant Lawrence J. Lawson, Jr. I have personal knowledge of the facts set forth in this Declaration. 2. I am familiar with the indictment in this case and the documents produced by the government. 3. Attached hereto as "Exhibit A" is a true and correct copy of document produced by the government from the IRS files of RA Zeznock marked by the government as RA0052. 4. Attached hereto as "Exhibit B" is a true and correct copy of the IRS account transcript of Dr. Lawson's 2009 1040 return with certain personal information redacted. I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Executed this 5th day of September 2018, in San Clemente, California. _____________________________ Ariana Seldman Hawbecker United States v. Lawson 3:16-cr-00121-TMB-DMS

Exhibit A

EXHIBIT A Thursday, June 21, 2012, 7:57 am REQUESTOR: 2608-4405 ARCHIVE HISTORY TRANSCRIPT HISTORY INFORMATION Name: LARRY LAWSON TIN: ACTION DATE: 08/23/2011 CREATE ID: 26084110 Systemic History: SUMMONS SUMMONS SERIAL NO. 20110823091111 FORM 2039 DATE SERVED: 08/23/2011 APPEARANCE DATE: 09/06/2011 TIME: 8:00 AM THIRD PARTY SUMMONS: NOTICE NOT REQUIRED TO: KEY BANK NATIONAL ASSOCIATION ACTION DATE: 08/23/2011 CREATE ID: 26084110 Systemic History: FORMS/CORRESPONDENCE NOTICE OF LEVY 668A REQUESTED FOR: KEY BANK NATIONAL ASSOCIATION (ENT-TYPE: FINANCIAL INSTITUTION) ADDRESS USED: LARRY LAWSON 3RD PARTY CONTACT RECORD(S} GENERATED. INCLUDED MODULE(S) 30/200912 (p) ACTION DATE: 08/25/2011 SYSTEM DATE: 08/25/2011 CONTACT: OTHER CREATE ID: 26084401 GENERAL HISTORY ROGM 44 reviewed file for call back to POA Jan BoIvin. I am manager for this case because ROGM 41 has conflict of interest. PC to POA Jan BoIvin she was not in and I left a message for her to return my call. ACTION DATE: 08/25/2011 SYSTEM DATE: 08/25/2011 CONTACT: PHONE CREATE ID: 26084401 GENERAL HISTORY Rec'd call back from POA Jan BoIvin. She is pretty upset over the levy activity & direct communications with her client. She wanted to know what could be done to stop the constant levy activity as there is no way her client can FP in the "three days the RO gave her client". I advised her I had reviewed the case file and was familiar with the actions taken. I indicated her client has the ability to full pay and should have been able to do so. She concurs but stated she needs more than 3 days. Also she wanted to know what happened to the over 300k from house sale. I advised her that the commitment letter was not issued Page: 32 RA0052 Sensitive But Unclassified

Exhibit B

EXHIBIT B Account Transcript 556-45-1150 1040 Dec. 31, 2009 LAWS Page 1 of 3 This Product Contains Sensitive Taxpayer Data Account Transcript Request Date: 08-27-2018 Response Date: 08-27-2018 Tracking Number: 100405677691 FORM NUMBER: 1040 TAX PERIOD: Dec. 31, 2009 TAXPAYER IDENTIFICATION NUMBER: LARRY LAWSON DR <<<<POWER OF ATTORNEY/TAX INFORMATION AUTHORIZATION (POA/TIA) ON FILE>>>> --- ANY MINUS SIGN SHOWN BELOW SIGNIFIES A CREDIT AMOUNT --- ACCOUNT BALANCE: 0.00 ACCRUED INTEREST: 0.00 AS OF: Jul. 02, 2018 ACCRUED PENALTY: 0.00 AS OF: Jul. 02, 2018 ACCOUNT BALANCE PLUS ACCRUALS (this is not a payoff amount): 0.00 ** INFORMATION FROM THE RETURN OR AS ADJUSTED ** EXEMPTIONS: 01 FILING STATUS: Single ADJUSTED GROSS INCOME: TAXABLE INCOME: TAX PER RETURN: SE TAXABLE INCOME TAXPAYER: 0.00 SE TAXABLE INCOME SPOUSE: 0.00 TOTAL SELF EMPLOYMENT TAX: 0.00 RETURN DUE DATE OR RETURN RECEIVED DATE (WHICHEVER IS LATER) Oct. 19, 2010 PROCESSING DATE Nov. 22, 2010 TRANSACTIONS CODE EXPLANATION OF TRANSACTION CYCLE DATE AMOUNT 150 Tax return filed 20104508 11-22-2010 $1,884,198.00 https://la1.www4.irs.gov/esrv/tds/requests/TdsProductAction.do?method=productDetails 8/27/2018 Account Transcript 556-45-1150 1040 Dec. 31, 2009 LAWS Page 2 of 3 n/a 33221-296-48904-0 806 W-2 or 1099 withholding 04-15-2010 -$63,580.00 716 Credit you chose to apply from prior tax 04-15-2009 -$94,686.00 period 670 Payment 04-20-2010 -$50,000.00 460 Extension of time to file tax return ext. 04-15-2010 $0.00 Date 10-15-2010 960 Appointed representative 05-10-2010 $0.00 610 Payment with return 10-19-2010 -$100,000.00 170 Penalty for not pre-paying tax 20104508 11-22-2010 $39,633.00 11-22-2020 276 Penalty for late payment of tax 20104508 11-22-2010 $66,037.28 196 Interest charged for late payment 20104508 11-22-2010 $40,665.66 971 Notice issued 11-22-2010 $0.00 CP 0014 670 Payment 03-07-2011 -$100,000.00 971 Collection due process Notice of Intent to 03-07-2011 $0.00 Levy -- issued 582 Lien placed on assets due to balance owed 03-25-2011 $0.00 360 Fees and other expenses for collection 04-18-2011 $100.00 971 Collection due process Notice of Intent to 03-11-2011 $0.00 Levy -- return receipt signed 971 Issued notice of lien filing and right to 03-29-2011 $0.00 Collection Due Process hearing 922 Review of unreported income 11-07-2011 $0.00 670 Payment 05-31-2011 -$123,154.66 Levy 670 Payment 06-02-2011 -$469,130.71 Miscellaneous Payment 670 Payment 06-07-2011 -$1,031.16 Levy 670 Payment 06-07-2011 -$9,189.19 Levy 670 Payment 06-28-2011 -$7,432.05 Levy 670 Payment 06-30-2011 -$250,000.00 Miscellaneous Payment 971 Notice issued 07-25-2011 $0.00 CP 0078 670 Payment 07-29-2011 -$200,000.00 Miscellaneous Payment https://la1.www4.irs.gov/esrv/tds/requests/TdsProductAction.do?method=productDetails 8/27/2018 Account Transcript 556-45-1150 1040 Dec. 31, 2009 LAWS Page 3 of 3 670 Payment 08-31-2011 -$386,507.44 Levy 670 Payment 09-19-2011 -$47,351.34 Levy 670 Payment 09-27-2011 -$8,216.40 Levy 670 Payment 10-03-2011 -$317,001.68 Miscellaneous Payment 196 Interest charged for late payment 20114108 10-24-2011 $38,338.83 570 Additional account action pending 10-24-2011 $0.00 276 Penalty for late payment of tax 20114108 10-24-2011 $91,280.54 670 Payment 10-13-2011 -$1,172.00 583 Removed lien 10-21-2011 $0.00 571 Resolved additional account action 03-16-2012 $0.00 826 Credit transferred out to 10-03-2011 $67,027.32 1040 201012 826 Credit transferred out to 10-13-2011 $1,172.00 1040 201012 971 Notice issued 04-09-2012 $0.00 CP 0049 960 Appointed representative 04-11-2012 $0.00 420 Examination of tax return 07-19-2012 $0.00 960 Appointed representative 11-18-2013 $0.00 960 Appointed representative 01-26-2015 $0.00 This Product Contains Sensitive Taxpayer Data https://la1.www4.irs.gov/esrv/tds/requests/TdsProductAction.do?method=productDetails 8/27/2018

Affidavit of Service

CERTIFICATE OF SERVICE I declare that I am a citizen of the United States and I am a resident and employed in Orange County, California; that my business address is 903 Calle Amanecer, Suite 350, San Clemente, California 92673; that I am over the age of 18 and not a party to the above-entitled action. I am employed by a member of the United States District Court, and at whose direction I caused service of the foregoing DECLARATION OF ARIANA HAWBECKER on all interested parties in this action as follows: [X] BY ELECTRONIC TRANSMISSION: by electronically filing the foregoing with the Clerk of the District Court using its ECF System pursuant to the Electronic Case Filing provision of the United States District Court General Order and the E-Government Act of 2002, which electronically notifies said parties in this case: Steven E. Skrocki Timothy M. Russo, Trial Attorney Assistant U.S. Attorney US Dept. of Justice, Tax Division Email: Steven.Skrocki@usdoj.gov Timothy.M.Russo@usdoj.gov Lori A. Hendrickson, Trial Attorney US Dept. of Justice, Tax Division Lori.A.Hendrickson@usdoj.gov I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 5, 2018, at San Clemente, California. /s/ Garrison M. Giali Garrison M. Giali United States v. Lawson 3:16-cr-00121-TMB-DMS

MOTION to Seal Document DECLARATION OF STEPHEN WALSH IN SUPPORT OF DEFENDANTS CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS by Lawrence J. Lawson, Jr.

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com STOEL RIVES LLP 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 (admitted pro hac vice) tbienert@bmkattorneys.com Ariana Seldman Hawbecker, Cal. Bar No. 190506 (admitted pro hac vice) ahawbecker@bmkattorneys.com John L. Littrell, Cal. Bar No. 221601 (admitted pro hac vice) jlittrell@bmkattorneys.com BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, DEFENDANT LAWRENCE J. LAWSON, JR.'S MOTION TO FILE UNDER SEAL THE DECLARATION OF STEPHEN v. WALSH LAWRENCE J. LAWSON, JR. Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS TO THE HONORABLE COURT: Defendant Lawrence J. Lawson, Jr. moves this Court for leave to file under seal the Declaration of Stephen Walsh ("Walsh Declaration") and exhibits in support of Dr. Lawson's Closing Brief Following the Evidentiary Hearing on Motion to Dismiss Indictment (Dkt. 417). Defendant requests that the Walsh Declaration be sealed because it contains in-depth analysis and reference to TIGTA documents subject to this Court's July 6, 2018 Protective Order ("Protective Order"). Dkt. 307. While Dr. Lawson does not believe that these documents should be hidden from the public, Dr. Lawson is filing them under seal to ensure compliance with the Protective Order. Dr. Lawson does not object to filing all or a portion of these materials publicly (with certain personal identifying information redacted) should the Court agree that disclosure is in the public interest. Respectfully submitted, Dated: September 5, 2018 By: ________________________________ Thomas H. Bienert Ariana Seldman Hawbecker John L. Littrell BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, CA 92673 T: (949) 369-3700/F: (949) 369-3701 Counsel to Lawrence J. Lawson, Jr. United States v. Lawson 3:16-cr-00121-TMB-DMS CERTIFICATE OF SERVICE I declare that I am a citizen of the United States and I am a resident and employed in Orange County, California; that my business address is 903 Calle Amanecer, Suite 350, San Clemente, California 92673; that I am over the age of 18 and not a party to the above-entitled action. I am employed by a member of the United States District Court, and at whose direction I caused service of the foregoing MOTION TO FILE UNDER SEAL on all interested parties in this action as follows: [X] BY ELECTRONIC TRANSMISSION: by electronically filing the foregoing with the Clerk of the District Court using its ECF System pursuant to the Electronic Case Filing provision of the United States District Court General Order and the E-Government Act of 2002, which electronically notifies said parties in this case: STEVEN E. SKROCKI Timothy M. Russo, Trial Attorney Assistant U.S. Attorney US Dept. of Justice, Tax Division Email: Steven.Skrocki@usdoj.gov Timothy.M.Russo@usdoj.gov Lori A. Hendrickson, Trial Attorney US Dept. of Justice, Tax Division Lori.A.Hendrickson@usdoj.gov I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 5, 2018, at San Clemente, California. /s/ Garrison M. Giali Garrison M. Giali United States v. Lawson 3:16-cr-00121-TMB-DMS

Proposed Order

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com STOEL RIVES LLP 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 (admitted pro hac vice) tbienert@bmkattorneys.com Ariana Seldman Hawbecker, Cal. Bar No. 190506 (admitted pro hac vice) ahawbecker@bmkattorneys.com John L. Littrell, Cal. Bar No. 221601 (admitted pro hac vice) jlittrell@bmkattorneys.com BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, [PROPOSED] ORDER v. LAWRENCE J. LAWSON, JR. Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS [PROPOSED] ORDER The Court, having duly considered Defendant Lawrence J. Lawson, Jr.'s Motion to File Under Seal (the "Motion), and good cause having been shown, IT IS HEREBY ORDERED THAT: 1. The Motion to Seal is GRANTED. 2. The Clerk of the Court is directed to maintain under seal the Declaration of Stephen Walsh until the case is closed, at which time the documents shall be destroyed. IT IS SO ORDERED. DATED:______________ ____________________________________ UNITED STATES MAGISTRATE JUDGE 476734-1 United States v. Lawson 3:16-cr-00121-TMB-DMS

RESPONSE in Opposition by Lawrence J. Lawson, Jr re [411] MOTION for Extension of Time to File Post-Hearing Brief in Opposition to Defendant's Motion to Dismiss Indictment (Filed on Shortened Time)

S. Lane Tucker, Bar No. 0507011 lane.tucker@stoel.com 510 L Street, Suite 500 Anchorage, AK 99501 Telephone (907) 277-1900 Facsimile (907) 277-1920 Thomas H. Bienert, Jr., Cal. Bar No. 135311 tbienert@bmkattorneys.com (admitted pro hac vice) Ariana Seldman Hawbecker, Cal. Bar No. 190506 ahawbecker@bmkattorneys.com (admitted pro hac vice) John L. Littrell, Cal. Bar No. 221601 jlittrell@bmkattorneys.com (admitted pro hac vice) BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, California 92673 Telephone (949) 369-3700 Facsimile (949) 369-3701 Attorneys for Defendant Lawrence J. Lawson, Jr. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA UNITED STATES OF AMERICA Case No. 3:16-cr-00121-TMB-DMS Plaintiff, DEFENDANT'S OPPOSITION TO GOVERNMENT'S MOTION TO EXTEND TIME TO RESPOND TO v. MOTION TO DISMISS INDICTMENT; DECLARATION OF ARIANA LAWRENCE J. LAWSON, JR. SELDMAN HAWBECKER Defendant. United States v. Lawson 3:16-cr-00121-TMB-DMS I. STATEMENT OF FACTS During preparations for the Motion to Suppress hearings held on May 17 and 18, 2018, the defense learned that an IRS manager, John Williamson, had broken into a hangar owned by Dr. Lawson. The government confirmed the existence of documents related to Williamson's conduct during the hearings on May 17, 2018 and the Court ordered that they be submitted for in camera review. The Court then ordered their production to the defense. On May 25, 2018, Dr. Lawson wrote a letter to Larry Wszalek, Chief of the Western Criminal Enforcement Section, DOJ Tax Division, outlining Dr. Lawson's understanding regarding the suppression of information concerning Mr. Williamson by the prosecution. See Dkt. 283-9. Mr. Wszlak responded that "[t]he subject matter of the correspondence is currently being litigated in district court. The district judge has ordered document production and has taken this matter under advisement." The May 25th letter was also sent to Frank Russo of the Anchorage United States Attorney's Office, who responded that they were "reviewing the matter" and noted that he was "copying Deputy Chief Steve Skrocki, who is the direct supervisor of this case." On May 30, 2018, Dr. Lawson filed a motion setting forth allegations of government misconduct (Dkt. 231). The government failed to provide a substantive response to that motion. At the Court's direction, Dr. Lawson re-captioned Docket 231 as a Motion to Dismiss, and filed it on June 20, 2018 (Dkt. 254). The Court ordered the government to file a substantive response to the Motion to Dismiss by July 3, 2018. Dkt. 276. On June 25, 2018, the government filed a motion to extend time to respond to Dr. Lawson's Motion to Dismiss. The motion was granted over Defendant's opposition. Dkt. 279. Evidentiary hearings on the Motion to Dismiss were held on August 6, 7, and 8, 2018. At the conclusion of those hearings, the Court continued the trial over Dr. Lawson's objections in order to allow the Court additional time to consider Defendants' Motion to Dismiss. On August 8, 2018, the Court ordered the parties to file simultaneous closing briefs regarding the Motion to Dismiss by September 5, 2018 and requested expedited transcripts to be United States v. Lawson Page 1 3:16-cr-00121-TMB-DMS prepared for that purpose. The government concedes that transcripts were available on August 14, 2018. On August 30, 2018, counsel for the government contacted defense counsel saying that they were finalizing their post-hearing brief on the Motion to Dismiss and requested a stipulation for an oversized filing of 25-pages, to which defense counsel stipulated. At approximately 11:30 a.m. PST on the September 5, 2018 due date, Mr. Wszalek contacted defense counsel and sent an email requesting an extension of time. The defense did not stipulate. At 5:07 p.m. PST, defense counsel received the filed declaration of Mr. Wszalek. II. ARGUMENT. In accordance with the Court's order regarding simultaneous post-trial briefing on the Motion to Dismiss, defense counsel diligently prepared their briefs due on September 5, 2018. In the middle of the day on the day that they were due, the government sought an extension. Given the lack of reasonable cause for the delay on an issue that had been flagged months before, and the uncertainty that the Court would be able to hear and decide a motion to extend on such short notice, defense counsel could not stipulate to an extension. Both Wszalek and Skrocki, admitted supervisors of the line prosecutors in this case, were aware of Dr. Lawson's prosecutorial misconduct allegations by May 25, 2018. See Dkt. 283-9 at p. 2. These facts were further set forth in Dr. Lawson's May 30, 2018 filing containing sworn declarations from inter alia Kimmel and Barber. Dkts. 256 and 257. Thus, the government was on notice of its prosecutors' alleged misconduct three months ago, well before the line prosecutors directed the evidentiary hearings. Allowing the government to ignore the Court's deadline without permission is fundamentally unfair to Dr. Lawson, as it now allows the government the benefit of not only from extra time, but also to seek to address the specific focus of Dr. Lawson's post-hearing brief without affording Dr. Lawson that same opportunity. United States v. Lawson Page 2 3:16-cr-00121-TMB-DMS Given that the government's declaration in support of its motion to extend time was not received until after 5 p.m. PST on a day when they were finalizing post-hearing briefing, it was unreasonable to expect Dr. Lawson to file an opposition that day. Instead, Dr. Lawson prepared and filed his post-hearing and Kalanges briefing ordered by the Court, and prepared this opposition less than 24 hours after the government filed their motion to extend time. IV. CONCLUSION For the foregoing reason, the Court should deny the government's untimely request for an extension of time to file post-hearing briefing on the Motion to Dismiss. Dated: September 6, 2018 By: ______________________ Thomas H. Bienert, Jr. Ariana Seldman Hawbecker John L. Littrell BIENERT, MILLER & KATZMAN, PLC 903 Calle Amanecer, Suite 350 San Clemente, CA 92673 T: (949) 369-3700 F: (949) 369-3701 Counsel to Lawrence J. Lawson, Jr. 476841-1 United States v. Lawson Page 3 3:16-cr-00121-TMB-DMS DECLARATION OF ARIANA SELDMAN HAWBECKER I, Ariana Seldman Hawbecker, declare as follows: 1. I am an attorney admitted to practice before this Court, and am a partner at the law firm of Bienert, Miller & Katzman, PLC, attorneys of record for Defendant Lawrence J. Lawson, Jr. As such, I have personal knowledge of the facts set forth in this Declaration. 2. I declare under penalty of perjury that the facts set forth in Defendant's Opposition to the Government's Motion for Extension of Time to File Post-Hearing Briefs are true and correct to the best of my knowledge. RESPECTFULLY SUBMITTED this 6th day of September 2018, at San Clemente, California. __________________________ Ariana Seldman Hawbecker United States v. Lawson Page 4 3:16-cr-00121-TMB-DMS CERTIFICATE OF SERVICE I declare that I am a citizen of the United States and I am a resident and employed in Orange County, California; that my business address is 903 Calle Amanecer, Suite 350, San Clemente, California 92673; that I am over the age of 18 and not a party to the above-entitled action. I am employed by a member of the United States District Court, and at whose direction I caused service of the foregoing DEFENDANT'S OPPOSITION TO GOVERNMENT'S MOTION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS INDICTMENT; DECLARATION OF ARIANA SELDMAN HAWBECKER on all interested parties in this action as follows: [X] BY ELECTRONIC TRANSMISSION: by electronically filing the foregoing with the Clerk of the District Court using its ECF System pursuant to the Electronic Case Filing provision of the United States District Court General Order and the E-Government Act of 2002, which electronically notifies said parties in this case: Steven E. Skrocki Timothy M. Russo, Trial Attorney Assistant US Attorney US Dept. of Justice, Tax Division steven.skrocki@usdoj.gov Timothy.M.Russo@usdoj.gov Lori A. Hendrickson, Trial Attorney US Dept. of Justice, Tax Division Lori.A.Hendrickson@usdoj.gov I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 6, 2018, at San Clemente, California. /s/ Garrison M. Giali Garrison M. Giali United States v. Lawson Page 5 3:16-cr-00121-TMB-DMS

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Description
1
10/18/2016
INDICTMENT COVER SHEET(S) AND SIGNATURES as to Lawrence J. Lawson, Jr (1) count(s) 1.
1
Criminal Cover Sheet re Defendant Lawson
1 Attachment
2
10/18/2016
INDICTMENT as to Lawrence J. Lawson, Jr.
3
10/18/2016
MOTION to Seal Indictment and Delay Arraignment by USA as to Lawrence J. Lawson, Jr. (Additional attachment(s) added on 11/17/2016: # 1 Proposed Order)
4
10/18/2016
ORDER granting 3 Motion to Seal as to Lawrence J. Lawson Jr. (1) Signed by Judge Deborah M. Smith on 10/18/2016.
5
11/17/2016
SEALED MOTION to Unseal Indictment and All Additional Documents (Filed on Shortened Time) by USA as to Lawrence J. Lawson, Jr.
1
Proposed Order)(Randall, Retta-Rae
1 Attachment
6
11/16/2016
SUPERSEDING INDICTMENT COVER SHEET(S) AND SIGNATURES as to Lawrence J. Lawson, Jr (1) count(s) 1s-4s, 5s.
1
Criminal Cover Sheet re Defendant Lawson
1 Attachment
7
11/16/2016
SUPERSEDING INDICTMENT as to Lawrence J. Lawson, Jr.
8
11/18/2016
ORDER granting 5 Motion to Unseal as to Lawrence J. Lawson Jr. Signed by Judge Deborah M. Smith on 11/18/2016. (ELH, CHAMBERS STAFF)
9
11/21/2016
JUDGE SMITH TEXT ORDER as to Lawrence J. Lawson, Jr re 7 Indictment. Arraignment/Detention Hearing on Superseding Indictment (DKT 7) set for 11/29/2016 at 02:00 PM in Anchorage Courtroom 5 before Deborah M. Smith. cc: USM, USPO, FPD (CJA Clerk).
10
11/23/2016
NOTICE OF ATTORNEY APPEARANCE: S. Lane Tucker appearing for Lawrence J. Lawson, Jr (Tucker, S.)
11
11/23/2016
MOTION to Continue [Unopposed] by Lawrence J. Lawson, Jr. (Tucker, S.)
12
11/28/2016
DMS TEXT ORDER as to Lawrence J. Lawson Jr. granting 11 Nonopposed Motion to Continue. The Arraignment currently scheduled for November 29, 2016 is CONTINUED until December 13, 2016 at 10:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. (ELH, CHAMBERS STAFF) CC: USM, USPO
13
11/29/2016
NOTICE OF ATTORNEY APPEARANCE Timothy M. Russo appearing for USA.
14
11/30/2016
NOTICE OF ATTORNEY APPEARANCE Lori A. Hendrickson appearing for USA.
15
12/05/2016
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Ariana Seldman Hawbecker. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2248950.) by Lawrence J. Lawson, Jr.
17
12/05/2016
CLERK'S NOTICE re 15 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Ariana Seldman Hawbecker. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2248950.) as to Lawrence J. Lawson, Jr:. The Application to Appear Pro Hac Vice by Ariana Hawbecker, at docket re 15, is authorized under D.Ak. LR 83.1(d).
18
12/09/2016
Summons Returned Executed on 12/6/16 as to Lawrence J. Lawson, Jr
19
12/13/2016
Minute Entry for proceedings held before Magistrate Judge Deborah M. Smith:Arraignment/Detention Hearing on First Superseding Indictment (DKT 7) as to Lawrence J. Lawson Jr. (1) Count 1s-4s,5s held at 10:14 AM to 10:30 AM on 12/13/2016. Defendant Present, on summons. Ariana Seldman Hawbecker, retained. Copy of First Superseding Indictment given to deft, read and advised of rights, charges and penalties. Defendant pled not guilty to Counts 1s-5s of the First Superseding Indictment (DKT 7). Defendant released $150,000.00 Bond; $15,000. deposit by 12/20/2016 to clerk's office. APPEARANCES: Kyle Reardon, AUSA; Ariana Seldman Hawbecker, atty; Matt Jedrosko, PO. cc: USM, USPO.
20
12/13/2016
Secured Bond Bond set as to Lawrence J. Lawson, Jr in amount of $150,000. $15,000. deposit due to the court on or before 12/20/2016. cc: USM, USPO.
21
12/13/2016
ORDER FOR THE PROGRESSION OF A CRIMINAL CASE as to Lawrence J. Lawson, Jr: Deadline to Court re: Discovery Issues is 12/23/2016. Motions due by 1/6/2017. Final Pretrial Conference set for 2/2/2017 at 08:30 AM in Anchorage Courtroom 1 before Timothy M. Burgess. Trial by Jury set for 2/2/2017 at 09:00 AM in Anchorage Courtroom 1 before Timothy M. Burgess. Signed by Judge Deborah M. Smith on 12/13/2016. cc: USM, USPO, JC.
22
12/13/2016
ORDER Setting Conditions of Release as to Lawrence J. Lawson, Jr Signed by Judge Deborah M. Smith on 12/13/2016. cc: USM, USPO.
23
12/13/2016
Bail Information Sheet re 20 Appearance Bond, 22 Order Setting Conditions of Release by Lawrence J. Lawson, Jr. cc: USM, USPO
24
12/16/2016
UNOPPOSED MOTION TO DECLARE THE CASE COMPLEX UNDER 18 U.S.C. § 3161(h)(7)(B)(ii) AND TO CONTINUE THE DISCOVERY STATUS, PRETRIAL MOTIONS, AND PRETRIAL CONFERENCE/ TRIAL DATES SET FORTH IN THE DECEMBER 13, 2016 ORDER FOR THE PROGRESSION OF A CRIMINAL CASE by Lawrence J. Lawson, Jr.
25
12/16/2016
DECLARATION of ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANTS UNOPPOSED MOTION TO DECLARE THE CASE COMPLEX UNDER 18 U.S.C. § 3161(h)(7)(B)(ii) AND TO CONTINUE THE DISCOVERY STATUS, PRETRIAL MOTIONS, AND PRETRIAL CONFERENCE/ TRIAL DATES SET FORTH IN THE DECEMBER 13, 2017 SCHEDULING ORDER by Lawrence J. Lawson, Jr 24 UNOPPOSED MOTION TO DECLARE THE CASE COMPLEX UNDER 18 U.S.C. § 3161(h)(7)(B)(ii) AND TO CONTINUE THE DISCOVERY STATUS, PRETRIAL MOTIONS, AND PRETRIAL CONFERENCE/ TRIAL DATES SET FORTH IN THE DECEMBER 13, 2016 ORDER FOR THE PROGRESSION OF A CRI filed by Lawrence J. Lawson, Jr.
12/16/2016
Docket Annotation as to Lawrence J. Lawson, Jr: : Immediate Action Needed: Your recent electronic filing with the District of Alaska is in error: 24 UNOPPOSED MOTION TO DECLARE THE CASE COMPLEX UNDER 18 U.S.C. § 3161(h)(7)(B)(ii) AND TO CONTINUE THE DISCOVERY STATUS, PRETRIAL MOTIONS, AND PRETRIAL CONFERENCE/ TRIAL DATES SET FORTH IN THE DECEMBER 13, 2016 ORDER FOR THE PROGRESSION OF A CRI filed by Lawrence J. Lawson, Jr. ; Combined Documents are not allowed. [SEE D.Ak. L.R. 7.1(l)], ACTION NEEDED: Attorney to re-file the portion Unopposed Motion to Continue Pretrial Motions using the event Unopposed Motion (Text entry; no document attached.)
26
12/20/2016
UNOPPOSED MOTION TO DECLARE THE CASE COMPLEX UNDER 18 U.S.C. § 3161(h)(7)(B)(ii) by Lawrence J. Lawson, Jr. Modified on 12/20/2016 to clarify text Modified on 12/22/2016
1
Proposed Order RE DEFENDANTS UNOPPOSED MOTION TO CONTINUE PRETRIAL MOTIONS
2
Affidavit OF SERVICE
2 Attachments
27
12/20/2016
DECLARATION of ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANTS UNOPPOSED MOTION TO CONTINUE PRETRIAL MOTIONS by Lawrence J. Lawson, Jr 26 UNOPPOSED MOTION TO CONTINUE PRETRIAL MOTIONS UNDER 18 U.S.C. § 3161(h)(7)(B)(ii) filed by Lawrence J. Lawson, Jr. Modified on 12/20/2016 to clarify text
1
Affidavit OF SERVICE
1 Attachment
28
12/21/2016
UNOPPOSED MOTION TO CONTINUE THE DISCOVERY STATUS AND PRETRIAL MOTIONS DATES SET FORTH IN THE DECEMBER 13, 2016 ORDER FOR THE PROGRESSION OF A CRIMINAL CASE by Lawrence J. Lawson, Jr.
1
Proposed Order
2
Affidavit of Service
2 Attachments
29
12/21/2016
DECLARATION of ARIANA SELDMAN HAWBECKER by Lawrence J. Lawson, Jr 28 UNOPPOSED MOTION TO CONTINUE THE DISCOVERY STATUS AND PRETRIAL MOTIONS DATES SET FORTH IN THE DECEMBER 13, 2016 ORDER FOR THE PROGRESSION OF A CRIMINAL CASE filed by Lawrence J. Lawson, Jr.
30
12/21/2016
Receipt number ANC012667 in the amount of $ $15,000.00 received on 12/21/2016 from Beinert, Miller and Katzman PC regarding Secured Bond as to Lawrence J. Lawson, Jr.
31
12/21/2016
NOTICE OF FILING CERTIFICATE OF SERVICE RE DECLARATION OF ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANTS UNOPPOSED MOTION TO CONTINUE DISCOVERY AND PRETRIAL MOTION DATES SET FORTH IN THE DECEMBER 13, 2016 SCHEDULING ORDER by Lawrence J. Lawson, Jr re 29 Declaration
32
12/22/2016
DMS TEXT ORDER as to Lawrence J. Lawson, Jr. re 28 Unopposed Motion to Continue the Discovery Status and Pretrial Motions Dates : This motion is held in abeyance pending the District Court's ruling on the Motion to Declare Case Complex and to Continue Trial Date. (ELH, CHAMBERS STAFF)
33
12/23/2016
Notice regarding surrendered passport: The parties are advised that the passport of Lawrence James Lawson JR. issued by the United States has been surrendered to the U.S. Probation and Pretrial Services Office.
34
12/27/2016
TMB TEXT ORDER Setting Hearing re 26 UNOPPOSED MOTION TO DECLARE THE CASE COMPLEX UNDER 18 U.S.C. § 3161(h)(7)(B)(ii), 24 UNOPPOSED MOTION TO DECLARE THE CASE COMPLEX UNDER 18 U.S.C. § 3161(h)(7)(B)(ii) AND TO CONTINUE THE DISCOVERY STATUS, PRETRIAL MOTIONS, AND PRETRIAL CONFERENCE/ TRIAL DATES SET FORTH IN THE DECEMBER 13, 2016 ORDER FOR THE PROGRESSION OF A CRI in case as to Lawrence J. Lawson, Jr: Motion Hearing set for 12/29/2016 at 9:00 AM in Anchorage Courtroom 1 before Timothy M. Burgess. Parties may appear telephonically by calling (907) 677-6246, using access code 599153, approximately five minutes before the hearing is scheduled to begin. cc: USM, USPO.
35
12/29/2016
Minute Entry for proceedings held before Judge Timothy M. Burgess:Hearing on Unopposed Motions to Declare the Case Complex [dkts 24, 26] as to Lawrence J. Lawson, Jr., held on 12/29/2016. Unopposed Motions to Declare the Case Complex [dkt 24, 26] GRANTED. FPTC and TBJ set for 2/2/17 at 8:30 AM and 9:00 AM were VACATED. FPTC set for 1/22/18 at 9:00 AM in Anchorage Courtroom 1 before Timothy M. Burgess. TBJ set for 1/29/18 at 9:00 AM in Anchorage Courtroom 1 before Timothy M. Burgess. Motions in Limine due by 12/1/2017. Briefs, proposed voir dire questions and proposed jury instructions due by 1/8/2018. Status Conferences set for 5/1/2017 9:00 AM; 9/8/2017 9:00 AM; 12/1/2017 9:00 AM in Anchorage Courtroom 1 before Timothy M. Burgess. Court found excludable delay under 18 U.S.C. § 3161 (h)(7)(B)(i) Failure to continue would stop further proceedings or result in miscarriage of justice; (h)(7)(B)(ii) Case unusual or complex; (h)(7)(B)(iv) Continuance granted in order toobtain counsel, substitute counsel, or give reasonable time to prepare. cc: USM, USPO, JC
36
12/30/2016
DMS TEXT ORDER granting 28 Unopposed Motion to Continue Discovery Status and Pretrial Motions. A Scheduling Conference is scheduled for 1/6/2017 at 3:30 PM in Anchorage Coutroom 5 before Deborah Smith to set new deadlines for the filing of pretrial motions. Counsel wishing to appear by telephone may do so by calling the Court five minutes prior to the start of the hearing at (907) 677-6247; Access Code 959992. (ELH, CHAMBERS STAFF) CC: USM, USPO
37
01/06/2017
Minute Entry for proceedings held before Magistrate Judge Deborah M. Smith:Status Conference as to Lawrence J. Lawson, Jr held at 3:32 PM to 3:57 PM on 1/6/2017. Court and counsel heard re setting pretrial motions and deadlines for a complex case. Chambers will issue order with new dates and deadlines. APPEARANCES: Retta-Rae Randall, Lori Hendrickson-telephonic, Timothy Russo-telephonic, AUSA; Ariana Seldman Hawbecker- telephonic, def atty. Defendant not present.
38
01/10/2017
ORDER Regarding Discovery Plan and Pretrial Motion Schedule as to Lawrence J. Lawson, Jr. Signed by Judge Deborah M. Smith on 1/10/2017. (ELH, CHAMBERS STAFF)
39
04/06/2017
TMB TEXT ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr.: IT IS HEREBY ORDERED that the Status Conference set for 5/1/2017 at 9:00 AM is VACATED ad RESET for 5/10/2017 at 10:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
40
04/11/2017
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney John L. Littrell by Lawrence J. Lawson, Jr. (Tucker, S.)
44
05/02/2017
MOTIONS as to Lawrence J. Lawson, Jr REFERRED to Magistrate Judge McCoy: 41 EX PARTE MOTION, 43 EX PARTE MOTION
45
05/03/2017
Receipt of 150.00 non-resident attorney payment for John Littrell as to Lawrence J. Lawson, Jr. re 40 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney John L. Littrell
46
05/04/2017
MOTION to Strike Multiplicitous Allegations or Compel the Government to Elect Among Them; Memorandum of Points and Authorities by Lawrence J. Lawson, Jr.
47
05/03/2017
CLERK'S NOTICE re 40 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney John L. Littrell as to Lawrence J. Lawson, Jr:. The Application to Appear Pro Hac Vice by John L. Littrell at docket 40 is authorized under D.Ak. LR 83.1(d).
48
05/10/2017
TMB TEXT ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr.: IT IS HEREBY ORDERED that the Status Conference set for TODAY, 5/10/2017 at 10:00 AM is VACATED and RESET for 5/18/2017 at 10:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
53
05/15/2017
TMB TEXT ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr.: IT IS HEREBY ORDERED that the Status Conference set for 5/18/2017 at 10:00 AM is VACATED and RESET for 7/6/2017 at 11:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
54
05/18/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 46 MOTION to Strike Multiplicitous Allegations or Compel the Government to Elect Among Them; Memorandum of Points and Authorities
55
05/22/2017
MOTION to Dismiss COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE; MEMORANDUM OF POINTS AND AUTHORITIES by Lawrence J. Lawson, Jr.
57
06/02/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 55 MOTION to Dismiss COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE; MEMORANDUM OF POINTS AND AUTHORITIES
62
07/06/2017
MOTION for Leave to File SUPPLEMENTAL BRIEFING AND FOR ORAL ARGUMENT by Lawrence J. Lawson, Jr. Modified on 7/7/2017 to reflect error: See 7/7/2017 Docket annotation.
63
07/07/2017
MOTION for Hearing/Oral Arugment by Lawrence J. Lawson, Jr. Modified on 7/7/2017 to Create relationship to document #55
64
07/06/2017
Minute Entry for proceedings held before Judge Timothy M. Burgess:Status Conference as to Lawrence J. Lawson, Jr. held 11:03 AM to 11:32 AM on 7/6/2017. Court and counsel heard re status of case, possible plea negotiations, discovery motions and expert disclosures. Oral motion for oral argument by defendant re 55. Counsel to put request in writing. Status Conference set for 9/8/2017 is VACATED. Status Conference set for 9/13/2017 9:00 AM in Anchorage Courtroom 1 before Timothy M. Burgess. APPEARANCES: Retta-Rae Randall, AUSA, Lori A. Hendrickson, Telephonic, AUSA, Timothy M. Russo, Telephonic, AUSA, Ariana Seldman Hawbecker, Telephonic, Retained, John L. Littrell, Telephonic, Retained, R. Joy Stancel, Official Reporter. cc: USM, USPO
07/07/2017
Docket Annotation as to Lawrence J. Lawson, Jr: : Immediate Action Needed: Your recent electronic filing with the District of Alaska is in error: 62 MOTION for Leave to File SUPPLEMENTAL BRIEFING AND FOR ORAL ARGUMENT filed by Lawrence J. Lawson, Jr. ; Combined Documents are not allowed. [SEE D.Ak. L.R. 7.1(l)], ACTION NEEDED: Attorney to re-file the portion Motion for Oral Argument using the event Motion for Hearing. (Text entry; no document attached.)
65
07/11/2017
DMS TEXT ORDER as to Lawrence J. Lawson Jr. granting 62 Motion for Leave to File Supplemental Briefing: The defense shall file any supplemental briefing on the Motion to Dismiss Count Five for Failure to State a Criminal Offense by July 31, 2017. The government's response shall be due August 15, 2017. (ELH, CHAMBERS STAFF)
66
07/11/2017
ORDER Setting Hearing re 55 MOTION to Dismiss COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE; MEMORANDUM OF POINTS AND AUTHORITIES in case as to Lawrence J. Lawson, Jr: Oral Argument set for 8/23/2017 at 9:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. (ELH, CHAMBERS STAFF) cc: USM, USPO
67
07/11/2017
DMS TEXT ORDER granting 63 Motion for Oral Argument as to Lawrence J. Lawson Jr. (ELH, CHAMBERS STAFF)
68
07/31/2017
REPLY TO RESPONSE to Motion by Lawrence J. Lawson, Jr re 55 MOTION to Dismiss COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE; MEMORANDUM OF POINTS AND AUTHORITIES
69
08/01/2017
MOTION to Continue August 23, 2017 Hearing to September 13, 2017 or Another Convenient Date by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
70
08/01/2017
DECLARATION of John L. Littrell in Support of Defendant's Motion by Lawrence J. Lawson, Jr 69 MOTION to Continue August 23, 2017 Hearing to September 13, 2017 or Another Convenient Date filed by Lawrence J. Lawson, Jr.
71
08/01/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 69 MOTION to Continue August 23, 2017 Hearing to September 13, 2017 or Another Convenient Date
72
08/02/2017
ORDER as to Lawrence J. Lawson, Jr re 69 MOTION to Continue August 23, 2017 Hearing to September 13, 2017 or Another Convenient Date. Defense counsel and the government are directed to provide scheduling conflict information to the Court by the close of business August 3, 2017. Signed by Judge Deborah M. Smith on 8/2/2017. (ELH, CHAMBERS STAFF)
73
08/03/2017
SUPPLEMENT Declaration of John L. Littrell in Support of Defendant's Motion to Continue Oral Argument Hearing Currently Set for August 23, 2017 to September 13, 2017 or Another Convenient Date by Lawrence J. Lawson, Jr 72 Order
74
08/03/2017
SUPPLEMENT by USA as to Lawrence J. Lawson, Jr 72 Order
75
08/04/2017
ORDER granting 69 Motion to Continue as to Lawrence J. Lawson Jr. Signed by Judge Deborah M. Smith on 8/4/2017. (ELH, CHAMBERS STAFF) cc: USM, USPO
76
08/09/2017
TMB TEXT ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr.: Per the parties' request, IT IS HEREBY ORDERED that the Status Conference set for 9/13/2017 at 9:00 AM is VACATED and RESET for 9/27/2017 at 9:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
77
08/10/2017
TMB TEXT ORDER: Due to scheduling conflicts, the Status Conference set for 9/27/2017 at 9:00 AM is RESET to 1:30 PM on the same day in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
78
08/15/2017
REPLY TO RESPONSE to Motion by USA as to Lawrence J. Lawson, Jr re 55 MOTION to Dismiss COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE; MEMORANDUM OF POINTS AND AUTHORITIES
79
08/17/2017
MOTION to Strike PARAGRAPHS 16A, 16C, AND 16D by Lawrence J. Lawson, Jr.
80
08/17/2017
NOTICE of Intent to Offer Evidence Pursuant to Federal Rule of Evidence 902(11) by USA as to Lawrence J. Lawson, Jr
81
08/17/2017
NOTICE of Intent to Use Summaries of Voluminous Evidence Pursuant to Federal Rule of Evidence 1006 by USA as to Lawrence J. Lawson, Jr
82
08/17/2017
MOTION for Discovery by Lawrence J. Lawson, Jr.
83
08/17/2017
DECLARATION of Ariana Seldman Hawbecker by Lawrence J. Lawson, Jr 82 MOTION for Discovery filed by Lawrence J. Lawson, Jr.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Certificate of Service
6 Attachments
84
08/31/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 79 MOTION to Strike PARAGRAPHS 16A, 16C, AND 16D
85
08/31/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 82 MOTION for Discovery
86
09/01/2017
NOTICE of Expert Witness and Expert Report by USA as to Lawrence J. Lawson, Jr
1
Exhibit Curriculum Vitae
2
Exhibit Summary Chart
3
Exhibit Revised Tax Loss Computations
3 Attachments
87
09/21/2017
DMS TEXT ORDER as to Lawrence J. Lawson, Jr.: The Court grants the request for Oral Argument re 82 MOTION for Discovery ; oral argument is scheduled for 9/27/2017 at 9:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. (ELH, CHAMBERS STAFF) CC: USM, USPO
88
09/26/2017
DMS TEXT ORDER as to Lawrence J. Lawson, Jr: The Oral Argument scheduled for 9/27/2017 at 9:00 AM is VACATED, instead a Scheduling Conference will be held during the same date and time in Anchorage Courtroom 6 before Scott A. Oravec.(ELH, CHAMBERS STAFF) CC:USM, USPO
89
09/26/2017
SAO TEXT ORDER as to Lawrence J. Lawson, Jr : Parties may appear telephonically for the Scheduling Conference by calling the Court five minutes prior to the scheduled hearing at (907) 677-6246; Access Code 599153. (ELH, CHAMBERS STAFF)
90
09/27/2017
Notice of Intent to use the Court's Digital Evidence Presentation System (DEPS) for hearing/trial scheduled to begin January 29, 2018 by Lawrence J. Lawson, Jr
91
09/27/2017
Minute Entry for proceedings held before Judge Timothy M. Burgess: Status Conference as to Lawrence J. Lawson, Jr. held 1:32 PM to 2:13 PM on 9/27/2017. Court and counsel heard re discovery provided, expert testimony, the use of JERS and DEPS, jury selection, trial practices and preliminary final instructions. Court and counsel heard re oral request to set motions hearings; GRANTED. Hearing on Motion to Dismiss 55 and Motion for Discovery 82 set for 9/29/2017 1:30 PM in Anchorage Courtroom 4 before Deborah M. Smith. Counsel located in Washington, DC shall participate via video conference. AUSA Retta-Rae Randall shall make the arrangements with this Court's IT Department. At 2:13 PM Court recessed to reconvene at 2:17 PM to 2:19 PM on 9/27/2017. Court and counsel heard re proposed trial schedule of 8:30 AM to 5:00 PM, Monday through Thursday. APPEARANCES: Def Not Present, On Bond, Retta-Rae Randall, AUSA, Lori A. Hendrickson, Telephonic, USDOJ, Timothy M. Russo, Telephonic, USDOJ, Ariana Seldman Hawbecker, DAT, John L. Littrell, DAT, R. Joy Stancel, Official Reporter. cc: USM, USPO
92
09/27/2017
Minute Entry for proceedings held before Judge Scott A. Oravec: Scheduling Conference as to Lawrence J. Lawson, Jr held on 9:04 AM to 9:11 AM on 9/27/2017. Court and counsel heard re rescheduling Motion hearing. Motion Hearing re 46 55 79 and 82 set for 10/24/2017 at 9:00 AM Courtroom 5 before Deborah M. Smith. Court and counsel heard re exploring video conferencing for Motion Hearing. Court sets deadline for 10/10/2017 to notify court if parties will participate in person or via video conference. Court and counsel heard re Judge Burgess hearing Motion for Discovery 82. APPEARANCES: Def Not Present, On Bond, Retta-Rae Randall, AUSA, Lori A. Hendrickson, Telephonic, USDOJ, Timothy M. Russo, Telephonic, USDOJ, Ariana Seldman Hawbecker, DAT, John L. Littrell, DAT. cc: USM, USPO
93
09/29/2017
Minute Entry for proceedings held before Judge Deborah M. Smith: Oral Argument on Motion for Discovery 82 as to Lawrence J. Lawson, Jr held 1:32 PM to 2:37 PM on 9/29/2017. Court and counsel heard re Judge Burgess previously approved def's waiver to appear for today's proceeding. Arguments heard re Motion for Discovery 82 ; matter taken under advisement pending filing of supplement briefings. Def's Supplemental briefing with proposed order due 10/10/2017; Govt may file supplemental briefing by 10/10/2017. Hearing on Motion to Dismiss 55 set for 10/11/2017 at 01:30 PM in Anchorage Courtroom 4 before Deborah M. Smith; Govt counsel may appear via video conference. APPEARANCES: Def not present, on bond; Lori A. Hendrickson, USDOJ; Timothy M. Russo, USDOJ; Ariana Seldman Hawbecker and John L. Littrell, Retained Counsel. cc: USM, USPO
94
10/06/2017
NOTICE of Parties' Agreement to Trial Schedule by USA as to Lawrence J. Lawson, Jr (Randall, Retta-Rae)
95
10/09/2017
TRANSCRIPT REQUEST re September 27, 2017 Status Conference by Lawrence J. Lawson, Jr
96
10/09/2017
TRANSCRIPT REQUEST re September 29, 2017 Oral Argument for Discovery Motion by Lawrence J. Lawson, Jr
98
10/10/2017
SUPPLEMENT by Lawrence J. Lawson, Jr 82 MOTION for Discovery filed by Lawrence J. Lawson, Jr.
1
Proposed Order
2
Certificate of Service
2 Attachments
100
10/16/2017
MOTION to Exclude Government's Expert From Offering Opinion Testimony Regarding Conclusions of Law; Memorandum of Points and Authorities by Lawrence J. Lawson, Jr.
104
10/11/2017
Minute Entry for proceedings held before Judge Deborah M. Smith: Motion Hearing as to Lawrence J. Lawson, Jr held 1:37 PM to 2:07 PM on 10/11/2017 re MOTION to Dismiss COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE; MEMORANDUM OF POINTS AND AUTHORITIES 55 filed by Lawrence J. Lawson, Jr. Court heard arguments of counsel. Court directed clerk to order transcript of proceedings. Court to take under advisement upon receipt of transcript. Court and Counsel heard re Government's Oral Motion to VACATE Motion Hearing re 46 55 79 and 82 set for 10/24/2017 at 9:00 AM Courtroom 5 before Deborah M. Smith GRANTED. APPEARANCES: Defendant Not Present, On Bond, Retta-Rae Randall, AUSA; Timothy M. Russo, Lori A. Hendrickson, VTC, USDOJ; John L. Littrell, Ariana Seldman Hawbecker, VTC, DAT. cc: USM, USPO
105
10/16/2017
NOTICE of Revised Expert Notice by USA as to Lawrence J. Lawson, Jr re 86 Notice (Other)
1
Exhibit 1
1 Attachment
106
10/24/2017
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Status Conference held on September 27, 2017, before Judge Timothy M. Burgess. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 1/22/2018.
107
10/24/2017
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Oral Argument on Motion for Discovery (DKT 82) held on September 29, 2017, before Judge Deborah M. Smith. Court Recorder: SDW. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the transcriber, R. Joy Stancel by calling 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 1/22/2018.
108
10/24/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 97 SEALED MOTION (Unopposed) to File Under Seal Declaration of Ariana Seldman Hawbecker and Supplement to Defendant's Motion for Discovery Pursuant to Fed. R. Crim. P. 16(a)(1) 98
109
10/27/2017
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Oral Argument on Motion to Dismiss (DKT 55) held on October 11, 2017, before Judge Deborah M. Smith. Court Recorder: CW. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the transcriber, R. Joy Stancel by calling 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 1/25/2018.
110
10/30/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 100 MOTION to Exclude Government's Expert From Offering Opinion Testimony Regarding Conclusions of Law; Memorandum of Points and Authorities
111
11/03/2017
MOTION to Strike Revised Expert Notice And Preclude Expert Testimony By IRS Revenue Agent Sandy Byrd; MPA by Lawrence J. Lawson, Jr.
112
11/03/2017
Second MOTION for Discovery Pursuant to Fed R. Crim. P 16(a)(1) and Brady/Giglio by Lawrence J. Lawson, Jr.
113
11/03/2017
DECLARATION of Ariana Seldman Hawbecker by Lawrence J. Lawson, Jr 112 Second MOTION for Discovery Pursuant to Fed R. Crim. P 16(a)(1) and Brady/Giglio filed by Lawrence J. Lawson, Jr.
1
Exhibit A
2
Exhibit B
2 Attachments
116
11/17/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 111 MOTION to Strike Revised Expert Notice And Preclude Expert Testimony By IRS Revenue Agent Sandy Byrd; MPA
117
11/17/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 112 Second MOTION for Discovery Pursuant to Fed R. Crim. P 16(a)(1) and Brady/Giglio
118
11/22/2017
NOTICE OF FILING DISCOVERY CONFERENCE CERTIFICATION by USA as to Lawrence J. Lawson, Jr (Randall, Retta-Rae)
119
11/27/2017
TMB TEXT ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr.: Due to conflict's with the Court's trial calendar, IT IS HEREBY ORDERED that the Status Conference set for 12/1/2017 at 9:00 AM is VACATED and RESET for 12/29/2017 at 9:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
120
12/01/2017
TMB TEXT ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr.: IT IS HEREBY ORDERED that the Status Conference set for 12/29/2017 at 9:00 AM is VACATED and RESET for 1/2/2018 at 3:00 PM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
121
12/01/2017
First MOTION in Limine to Preclude Inadmissible Testimony Regarding Janet Bolvin (response due 12/7) by USA as to Lawrence J. Lawson, Jr.
122
12/01/2017
Second MOTION in Limine to Exclude Self-Serving Hearsay Sought to be Introduced by Defendant. (response due 12/7) by USA as to Lawrence J. Lawson, Jr.
123
12/01/2017
Third MOTION in Limine for Preliminary Ruling of Admissibility Regarding 2009 Form 1040 (response due 12/7) by USA as to Lawrence J. Lawson, Jr.
124
12/01/2017
MOTION to Seal Document DEFENDANT LAWRENCE J. LAWSON, JR.S APPLICATION TO FILE CERTAIN EXHIBITS IN SUPPORT OF MOTIONS IN LIMINE UNDER SEAL; MEMORANDUM IN SUPPORT by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
129
12/01/2017
Fourth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE by Lawrence J. Lawson, Jr.
1
Exhibit 31
2
Exhibit 32
3
Exhibit 33
4
Exhibit 34
5
Exhibit 35
6
Exhibit 36
6 Attachments
130
12/01/2017
Fifth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE by Lawrence J. Lawson, Jr.
1
Exhibit 35
1 Attachment
131
12/01/2017
Sixth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE by Lawrence J. Lawson, Jr.
132
12/01/2017
Seventh MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE by Lawrence J. Lawson, Jr.
133
12/01/2017
Eighth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE by Lawrence J. Lawson, Jr.
134
12/01/2017
Ninth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE by Lawrence J. Lawson, Jr.
135
12/01/2017
MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE NO. 1 TO EXCLUDE ALL UNSIGNED TAX RETURNS AND RELATED DOCUMENTS by Lawrence J. Lawson, Jr.
136
12/01/2017
MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE AND ARGUMENT RELATING TO UNCHARGED CONDUCT by Lawrence J. Lawson, Jr.
137
12/01/2017
MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE NO. 3 TO ADMIT EVIDENCE OF HABIT AND ROUTINE BUSINESS PRACTICE by Lawrence J. Lawson, Jr.
138
12/01/2017
Fourth MOTION in Limine by USA as to Lawrence J. Lawson, Jr.
139
12/01/2017
DECLARATION of ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANT LAWRENCE J. LAWSON, JR.S MOTIONS IN LIMINE by Lawrence J. Lawson, Jr
1
Proposed Order
1 Attachment
140
12/01/2017
ADDITIONAL RELATED DOCUMENT APPENDIX OF EXHIBITS re 139 Declaration
1
Exhibit Exh 9
2
Exhibit Exh 10
3
Exhibit Exh 17
4
Exhibit Exh 19
5
Exhibit Exh 20
6
Exhibit Exh 21
7
Exhibit Exh 24
8
Exhibit Exh 26
9
Exhibit Exh 27
10
Exhibit Exh 28
11
Exhibit Exh 29
12
Exhibit Exh 31
13
Exhibit Exh 32
14
Exhibit Exh 33
15
Exhibit Exh 34
16
Exhibit Exh 35
17
Exhibit Exh 36
17 Attachments
141
12/01/2017
AFFIDAVIT of Service by Lawrence J. Lawson, Jr
142
12/04/2017
MOTION for Extension of Time to File Response/Reply to Defendant's Motions in Limine (Unopposed and Filed On Shortened Time) by USA as to Lawrence J. Lawson, Jr. Modified on 12/4/2017 to create relationship to dkts 124, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138.
1
Proposed Order)(Randall, Retta-Rae
1 Attachment
143
12/05/2017
ERRATA by USA as to Lawrence J. Lawson, Jr 142 MOTION for Extension of Time to File Response/Reply to Defendant's Motions in Limine (Unopposed and Filed On Shortened Time) filed by USA
1
Proposed Order
1 Attachment
144
12/05/2017
TMB TEXT ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr.: IT IS HEREBY ORDERED that the Status Conference set for 1/2/2018 at 3:00 PM is VACATED and RESET for 12/13/2017 at 1:00 PM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
145
12/05/2017
MOTION to Expedite Shortened Time re Motion to Continue Trial by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
146
12/05/2017
DECLARATION of Ariana Seldman Hawbecker by Lawrence J. Lawson, Jr 145 MOTION to Expedite Shortened Time re Motion to Continue Trial filed by Lawrence J. Lawson, Jr.
147
12/05/2017
MOTION to Continue Trial by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
148
12/05/2017
DECLARATION of Ariana Seldman Hawbecker by Lawrence J. Lawson, Jr 147 MOTION to Continue Trial filed by Lawrence J. Lawson, Jr.
149
12/07/2017
TMB TEXT ORDER as to Lawrence J. Lawson Jr. The Court will hear argument on 147 Defendant's Motion to Continue Trial at the scheduled status conference on 12/13/2017 at 1:00 PM in Anchorage Courtroom 1. Defendant's Motion for Shortened Time re Motion to Continue Trial at 145 is GRANTED. The Government is directed to file any response to 147 Motion to Continue Trial by 5:00 PM on 12/11/2017. (JDS, CHAMBERS STAFF)
150
12/07/2017
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 122 Second MOTION in Limine to Exclude Self-Serving Hearsay Sought to be Introduced by Defendant. (response due 12/7)
151
12/07/2017
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 121 First MOTION in Limine to Preclude Inadmissible Testimony Regarding Janet Bolvin (response due 12/7)
152
12/07/2017
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 123 Third MOTION in Limine for Preliminary Ruling of Admissibility Regarding 2009 Form 1040 (response due 12/7)
153
12/07/2017
DECLARATION of by Lawrence J. Lawson, Jr 150 Response in Opposition filed by Lawrence J. Lawson, Jr., 152 Response in Opposition filed by Lawrence J. Lawson, Jr., 151 Response in Opposition filed by Lawrence J. Lawson, Jr.
1
Exhibit 36
2
Exhibit 37
3
Exhibit 38
4
Exhibit 39
5
Exhibit 40
5 Attachments
154
12/07/2017
ADDITIONAL RELATED DOCUMENT Certificate of Electronic Service re 150 Response in Opposition, 153 Declaration, 152 Response in Opposition, 151 Response in Opposition
155
12/11/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 147 MOTION to Continue Trial
156
12/11/2017
ORDER GRANTING IN PART 82 Motion for Discovery as to Lawrence J. Lawson Jr. (1) Signed by Judge Deborah M. Smith on 12/11/2017. (P-S, COURT STAFF)
157
12/11/2017
ORDER GRANTING IN PART 112 Motion for Discovery as to Lawrence J. Lawson Jr. (1). Signed by Judge Deborah M. Smith on 12/11/2017. (P-S, COURT STAFF)
158
12/12/2017
TMB TEXT ORDER: Having duly considered the United States' Unopposed Motion to Extend Time to Respond to Defendant's Motions in Limine at docket 142, IT IS HEREBY ORDERED that the motion is GRANTED. The Government shall file its response no later than December 14, 2017. (JDS, CHAMBERS STAFF)
159
12/12/2017
AMENDED TMB TEXT ORDER re Dockets 142 and 143 : In light of the parties Joint Motion to Extend Time to Respond to Motions in Limine filed as an errata at docket 143, IT IS HEREBY ORDERED that the motion is GRANTED. The parties shall file their responses no later than December 14, 2017. (JDS, CHAMBERS STAFF)
160
12/12/2017
INITIAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr re 79 MOTION to Strike PARAGRAPHS 16A, 16C, AND 16D. The Magistrate Judge recommends that the motion be DENIED. Objections to R&R due by 12/26/2017; Reply to Objections to R&R due by 1/2/2018. Signed by Judge Deborah M. Smith on 12/12/2017. (P-S, COURT STAFF)
161
12/12/2017
INITIAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr re 46 MOTION to Strike Multiplicitous Allegations or Compel the Government to Elect Among Them; Memorandum of Points and Authorities. The Magistrate Judge recommends that the motion be DENIED. Objections to R&R due by 12/26/2017; Reply to Objections to R&R due by 1/2/2018. Signed by Judge Deborah M. Smith on 12/12/2017. (P-S, COURT STAFF)
162
12/12/2017
INITIAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr re 55 MOTION to Dismiss COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE; MEMORANDUM OF POINTS AND AUTHORITIES. The Magistrate Judge recommends that the motion be DENIED. Objections to R&R due by 12/26/2017; Reply to Objections to R&R due by 1/2/2018. Signed by Judge Deborah M. Smith on 12/12/2017. (P-S, COURT STAFF)
163
12/14/2017
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 130 Fifth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE, 131 Sixth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE, 135 MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE NO. 1 TO EXCLUDE ALL UNSIGNED TAX RETURNS AND RELATED DOCUMENTS, 134 Ninth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE, 129 Fourth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE, 136 MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE NO. 2 TO EXCLUDE EVIDENCE AND ARGUMENT RELATING TO UNCHARGED CONDUCT, 133 Eighth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE, 137 MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE NO. 3 TO ADMIT EVIDENCE OF HABIT AND ROUTINE BUSINESS PRACTICE, 132 Seventh MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S NOTICE OF MOTION AND MOTION IN LIMINE
164
12/13/2017
Minute Entry for proceedings held before Judge Timothy M. Burgess:Status Conference as to Lawrence J. Lawson, Jr. held 1:11 PM to 1:53 PM on 12/13/2017. Court and counsel heard re Motion to Continue Trial 147, discovery, and expert disclosure. Oral motion to file over-length response by 15 pages to all pending motions; GRANTED. Status Conference set for 12/18/2017 8:30 AM in Anchorage Courtroom 1 before Timothy M. Burgess. Parties wishing to appear telephonically may do so by calling (907) 677-6246, Access Code 599153. APPEARANCES: Def Present, On Bond; Retta-Rae Randall, AUSA; Lori A. Hendrickson, Telephonic; Timothy M. Russo, Telephonic; John Littrell, retained; Ariana Seldman Hawbecker, retained; R. Joy Stancel, Official Reporter. cc: USM, USPO
165
12/15/2017
NOTICE RE: AVAILABLE DATES FOR CONTINUED TRIAL by Lawrence J. Lawson, Jr
166
12/15/2017
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 138 Fourth MOTION in Limine DEFENDANT LAWRENCE J. LAWSON, JR.S OPPOSITION TO PLAINTIFFS MOTION REQUESTING DAUBERT HEARING REGARDING DEFENDANTS PROPOSED EXPERTS
167
12/15/2017
DECLARATION of Ariana Seldman Hawbecker by Lawrence J. Lawson, Jr 166 Response in Opposition, filed by Lawrence J. Lawson, Jr.
168
12/18/2017
Minute Entry for proceedings held before Judge Timothy M. Burgess:Hearing on Motion to Continue Trial 147 (Status Conference) as to Lawrence J. Lawson, Jr. held 8:36 AM to 8:51 AM on 12/18/2017. Motion to Continue Trial 147 ; GRANTED. Court previously found case complex. FPTC set for 1/22/2018 at 9:00 AM and TBJ set for 1/29/2018 at 8:30 AM wereVACATED. Joint Proposed Schedule due by 1/19/2018. FPTC and TBJ set for 8/27/2018 at 8:30 AM and 9:00 AM respectively in Anchorage Courtroom 1 before Timothy M. Burgess. APPEARANCES: Def Not Present, On Bond; Retta-Rae Randall, AUSA; Lori A. Hendrickson, Telephonic, USDOJ; Timothy M. Russo, Telephonic, USDOJ; Ariana Seldman Hawbecker, retained; R. Joy Stancel, Official Reporter. cc: USM, USPO, JC
169
12/22/2017
OBJECTION TO REPORT AND RECOMMENDATIONS 161 by Lawrence J. Lawson, Jr OBJECTIONS TO INITIAL REPORT AND RECOMMENDATION REGARDING HIS MOTION TO STRIKE MULTIPLICITOUS ALLEGATIONS OR COMPEL THE GOVERNMENT TO ELECT AMONG THEM [DKT. NO. 161] Modified on 12/26/2017 to Create relationship to document #79
170
12/22/2017
OBJECTION TO REPORT AND RECOMMENDATIONS 160 by Lawrence J. Lawson, Jr OBJECTIONS TO INITIAL REPORT AND RECOMMENDATION REGARDING HIS MOTION TO STRIKE PARAGRAPHS 16A, 16C, AND 16D [DKT. NO. 160] Modified on 12/26/2017 to Create relationship to document #46
171
12/22/2017
OBJECTION TO REPORT AND RECOMMENDATIONS 55, 162 by Lawrence J. Lawson, Jr OBJECTIONS TO INITIAL REPORT AND RECOMMENDATION REGARDING HIS MOTION TO DISMISS COUNT 5 [DKT. NO. 55]
172
01/02/2018
REPLY TO OBJECTION TO REPORT AND RECOMMENDATION 161 by USA as to Lawrence J. Lawson, Jr filed by defendant at Doc. 169 Modified on 1/4/2018 Create relationship to document #46
173
01/02/2018
REPLY TO OBJECTION TO REPORT AND RECOMMENDATION 160 by USA as to Lawrence J. Lawson, Jr filed by defendant at Doc. 170 Modified on 1/4/2018 to Create relationship to document #79
174
01/02/2018
REPLY TO OBJECTION TO REPORT AND RECOMMENDATION 162 by USA as to Lawrence J. Lawson, Jr filed by defendant at Doc. 171 Modified on 1/4/2018 to Create relationship to document #55
175
01/16/2018
MOTION to Modify Conditions of Release TO PERMIT DOMESTIC TRAVEL UPON PRIOR APPROVAL OF PRETRIAL SERVICES by Lawrence J. Lawson, Jr.
176
01/16/2018
DECLARATION of Ariana Seldman Hawbecker by Lawrence J. Lawson, Jr 175 MOTION to Modify Conditions of Release TO PERMIT DOMESTIC TRAVEL UPON PRIOR APPROVAL OF PRETRIAL SERVICES filed by Lawrence J. Lawson, Jr.
177
01/17/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Status Conference held on December 13, 2017, before Judge Timothy M. Burgess. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 4/17/2018.
178
01/17/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Status Conference held on December 18, 2017, before Judge Timothy M. Burgess. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 4/17/2018.
179
01/19/2018
Joint STIPULATION RE SCHEDULING by Lawrence J. Lawson, Jr.
180
01/23/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 175 MOTION to Modify Conditions of Release TO PERMIT DOMESTIC TRAVEL UPON PRIOR APPROVAL OF PRETRIAL SERVICES
1
Exhibit Exhibit 1
1 Attachment
181
01/23/2018
ORDER granting in part and denying in part 175 Motion to Modify Conditions of Release as to Lawrence J. Lawson Jr. Signed by Judge Deborah M. Smith on 1/23/2018. (ELH, CHAMBERS STAFF) cc: USM, USPO
182
01/25/2018
ORDER as to Lawrence J. Lawson, Jr. (1);denying 121 ; 122 ; 123 ; 129 ; 130 ; 131 ; 132 ; 133 ; 134 ; 135 ; 136 ; 137 ; 138. Status Conferences set for 3/7/18 at 10:00 AM and 6/14/18 11:00 AM before Judge Timothy M. Burgess. FPTC set for 8/21/18 at 9:00 AM TBJ set for 8/27/18 at 9:00 AM (See PDF for details) Signed by Judge Timothy M. Burgess on 1/25/18. cc: USM, USPO, JC Modified on 1/25/2018 to clarify dkt text.
183
02/13/2018
NOTICE OF FILING DISCOVERY CONFERENCE CERTIFICATION by USA as to Lawrence J. Lawson, Jr
184
03/07/2018
Minute Entry for proceedings held before Judge Timothy M. Burgess:Status Conference as to Lawrence J. Lawson, Jr. held 10:12 AM to 10:21 AM on 3/7/2018. Court and counsel heard re discovery, possible motion to suppress, expert reports and start date for trial. TBJ set for 8/29/2018 at 9:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. Court to issue order re the new trial date. Counsel wishing to appear telephonically at the next scheduled Status Conference set for 6/14/2018 may call (907) 677-6246 Access code 599153 five minutes prior to the scheduled start time. APPEARANCES: Def Not Present, On Bond; Retta-Rae Randall, AUSA; Lori A. Hendrickson, Telephonic, AUSA; Ariana Seldman Hawbecker, Telephonic, Retained; John Lattrell, Telephonic, Retained. cc: USM, USPO, JC Modified on 3/13/2018 to correct date of Status Conference.
185
03/09/2018
MOTION to Suppress by Lawrence J. Lawson, Jr.
1
Appendix Index of Exhibits
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
9
Exhibit H
10
Exhibit I
11
Exhibit J
12
Exhibit K
13
Exhibit L
14
Exhibit M
15
Exhibit N
16
Exhibit O
17
Exhibit P
18
Exhibit Q
19
Exhibit R
20
Exhibit S
20 Attachments
186
03/09/2018
DECLARATION of Ariana S. Hawbecker by Lawrence J. Lawson, Jr 185 MOTION to Suppress filed by Lawrence J. Lawson, Jr.
1
Appendix Index of Exhibits
2
Exhibit A
3
Exhibit B
4
Exhibit C
5
Exhibit D
6
Exhibit E
7
Exhibit F
8
Exhibit G
9
Exhibit H
10
Exhibit I
11
Exhibit J
12
Exhibit K
13
Exhibit L
14
Exhibit M
15
Exhibit N
16
Exhibit O
17
Exhibit P
18
Exhibit Q
19
Exhibit R
20
Exhibit S
20 Attachments
187
03/12/2018
TRANSCRIPT REQUEST by Lawrence J. Lawson, Jr
188
03/12/2018
TMB TEXT ORDER re scheduling at 182. Trial by Jury is currently set to begin on August 27, 2018 at 9:00 AM Due to the Courts calendar, the Court hereby VACATES the August 27, 2018 trial date and RE-SETS Trial by Jury for August 29, 2018 at 9:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. The Final Pretrial Conference remains set for August 21, 2018 at 9:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
189
03/14/2018
FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr. re 46 MOTION to Strike Multiplicitous Allegations or Compel the Government to Elect Among Them; Memorandum of Points and Authorities: The Magistrate Judge recommends the District Court DENY the motion. Signed by Judge Deborah M. Smith on 3/14/2018. (ELH, CHAMBERS STAFF)
190
03/14/2018
FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr. re 79 MOTION to Strike PARAGRAPHS 16A, 16C, AND 16D: The Magistrate Judge recommends the District Court DENY the motion. Signed by Judge Deborah M. Smith on 3/14/2018. (ELH, CHAMBERS STAFF)
191
03/15/2018
MOTION for Extension of Time to File Response/Reply as to 185 MOTION to Suppress (Unopposed and Filed on Shortened Time) by USA as to Lawrence J. Lawson, Jr.
1
Proposed Order)(Randall, Retta-Rae
1 Attachment
192
03/16/2018
DMS TEXT ORDER granting 191 Motion for Extension of Time to File Response/Reply as to Lawrence J. Lawson Jr. The Government shall file its response to Defendant's Motion to Suppress no later than March 22, 2018. (ELH, CHAMBERS STAFF)
193
03/16/2018
ORDER Setting Hearing re 185 MOTION to Suppress in case as to Lawrence J. Lawson, Jr: Evidentiary Hearing set for 4/9/2018 at 10:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. The parties are instructed to notify the Court by March 24, 2018 if any of their witnesses are unavailable. If a witness is unavailable, counsel must include in the Notice to the Court, the dates when the witness or witnesses will be available. (ELH, CHAMBERS STAFF)
194
03/16/2018
ERRATA by USA as to Lawrence J. Lawson, Jr 191 MOTION for Extension of Time to File Response/Reply as to 185 MOTION to Suppress (Unopposed and Filed on Shortened Time) filed by USA
1
Exhibit Amended Motion
2
Exhibit Amended Proposed Order)(Randall, Retta-Rae
2 Attachments
195
03/16/2018
DMS TEXT ORDER as to Lawrence J. Lawson, Jr. re 194 Errata to Unopposed Motion to Extend Time to Respond to Defendant's Motion to Suppress: The Government shall file its response to Defendant's Motion to Suppress no later than March 30, 2018. (ELH, CHAMBERS STAFF)
196
03/16/2018
AMENDED ORDER Setting Hearing re 185 MOTION to Suppress in case as to Lawrence J. Lawson, Jr: Evidentiary Hearing set for 4/17/2018 at 10:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. The parties are instructed to notify the Court by March 24, 2018 if any of their witnesses are unavailable. If a witness is unavailable, counsel must include in the Notice to the Court, the dates when the witness or witnesses will be available. (ELH, CHAMBERS STAFF) cc: USM, USPO
197
03/16/2018
INITIAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr. re 100 MOTION to Exclude Government's Expert From Offering Opinion Testimony Regarding Conclusions of Law; Memorandum of Points and Authorities. The Magistrate Judge recommends the District Court DENY the motion. Objections to R&R due by 3/30/2018; Reply to Objections to R&R due by 4/6/2018. Signed by Judge Deborah M. Smith on 3/16/2018. (ELH, CHAMBERS STAFF)
198
03/16/2018
FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr. re 55 MOTION to Dismiss COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE; MEMORANDUM OF POINTS AND AUTHORITIES. The Magistrate Judge recommends the District Court DENY the motion. Signed by Judge Deborah M. Smith on 3/16/2018. (ELH, CHAMBERS STAFF)
199
03/20/2018
ORDER ADOPTING 198 FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr.: Defendant's Motion to Dismiss Count Five for Failure to State a Criminal Offense at Docket 55 is DENIED. Signed by Judge Timothy M. Burgess on 3/20/2018. (JDS, CHAMBERS STAFF)
200
03/29/2018
OBJECTION TO REPORT AND RECOMMENDATIONS 197 by Lawrence J. Lawson, Jr REGARDING HIS MOTION TO PRECLUDE GOVERNMENTS EXPERT IRS REVENUE AGENT SANDY BYRD FROM OFFERING OPINION TESTIMONY REGARDING CONCLUSIONS OF LAW
201
03/29/2018
ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr. re 185 MOTION to Suppress : Due to witness unavailability, the Evidentiary Hearing set for 4/17/2018 at 10:00 AM is VACATED and RESET for 5/17/2018 at 10:00 AM in Anchorage Courtroom 1 before Deborah M. Smith. (ELH, CHAMBERS STAFF) CC: USM, USPO
202
03/30/2018
MOTION to Compel COMPLIANCE WITH DISCOVERY ORDERS (DKT. 156, 157) AND REQUEST FOR IN CAMERA REVIEW OF WITHHELD DOCUMENTS by Lawrence J. Lawson, Jr.
203
03/30/2018
DECLARATION of ARIANA SELDMAN HAWBECKER by Lawrence J. Lawson, Jr 202 MOTION to Compel COMPLIANCE WITH DISCOVERY ORDERS (DKT. 156, 157) AND REQUEST FOR IN CAMERA REVIEW OF WITHHELD DOCUMENTS filed by Lawrence J. Lawson, Jr.
204
03/30/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 185 MOTION to Suppress
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
205
04/05/2018
ORDER ADOPTING 189 FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr.: Defendant's Motion to Strike Multiplicitous Allegations or Compel the Government to Elect Among Them at Docket 46 is DENIED. Signed by Judge Timothy M. Burgess on 4/5/2018. (JDS, CHAMBERS STAFF)
206
04/05/2018
ORDER ADOPTING 190 FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr.: Defendant's Motion to Strike Paragraphs 16A, 16C, and 16D at Docket 79 is DENIED. Signed by Judge Timothy M. Burgess on 4/5/2018. (JDS, CHAMBERS STAFF)
207
04/06/2018
REPLY TO OBJECTION TO REPORT AND RECOMMENDATION 197 by USA as to Lawrence J. Lawson, Jr Modified on 4/10/2018 Create relationship to document #100
208
04/12/2018
MOTION for Reconsideration OF ORDER ON DEFENDANTS MOTION TO DISMISS COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE by Lawrence J. Lawson, Jr.
209
04/13/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 202 MOTION to Compel COMPLIANCE WITH DISCOVERY ORDERS (DKT. 156, 157) AND REQUEST FOR IN CAMERA REVIEW OF WITHHELD DOCUMENTS
1
Exhibit 1
1 Attachment
210
04/18/2018
TMB TEXT ORDER REFERRING MOTION as to Lawrence J. Lawson, Jr.: Pursuant to D.Ak.LMR 2, the motion at docket 208 is hereby referred to Magistrate Judge Deborah M. Smith.
211
04/26/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 208 MOTION for Reconsideration OF ORDER ON DEFENDANTS MOTION TO DISMISS COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE
212
05/01/2018
MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Thomas H. Bienert, Jr. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2510049.) by Lawrence J. Lawson, Jr.
213
05/03/2018
CLERK'S NOTICE re 212 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney Thomas H. Bienert, Jr. (Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2510049.) as to Lawrence J. Lawson, Jr:. The Application to Appear Pro Hac Vice by Thomas H. Bienert, Jr., at docket re 212, is authorized under D.Ak. LR 83.1(d).
214
05/11/2018
Notice of Intent to use the Court's Digital Evidence Presentation System (DEPS) for hearing/trial scheduled to begin 5/17/2018 by USA as to Lawrence J. Lawson, Jr (Randall, Retta-Rae)
215
05/11/2018
Notice of Intent to use the Court's Digital Evidence Presentation System (DEPS) for hearing/trial scheduled to begin May 17, 2018 by Lawrence J. Lawson, Jr
216
05/16/2018
INITIAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr. re 111 MOTION to Strike Revised Expert Notice And Preclude Expert Testimony By IRS Revenue Agent Sandy Byrd; MPA. The Magistrate Judge recommends the motion be DENIED. Objections to R&R due by 5/30/2018; Reply to Objections to R&R due by 6/6/2018. Signed by Judge Deborah M. Smith on 5/16/2018. (ELH, CHAMBERS STAFF)
219
05/17/2018
Minute Entry for proceedings held before Judge Deborah M. Smith: Hearing on Motion to Suppress 185 as to Lawrence J. Lawson, Jr held 10:33 AM to 1:14 PM and 2:22 PM to 5:10 PM on 5/17/2018. Court and counsel heard re Defendant's Motion to Suppress (DKT 185) and Defendant's voluntary waiver of appearance. Witnesses sworn. Exhibits Admitted. Court and counsel heard re discovery issues and production deadlines. Continued Motion Hearing set for 5/18/2018 12:00 PM in Anchorage Courtroom 1 before Deborah M. Smith and Continued Motion Hearing set for 6/20/2018 09:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. APPEARANCES: Defendant Not Present, In-Custody; Retta-Rae Randall, Lori A. Hendrickson, Timothy M. Russo, AUSA; John L. Littrell, Ariana Seldman Hawbecker, Retained. cc: USM, USPO
220
05/18/2018
Minute Entry for proceedings held before Judge Deborah M. Smith: Continued Hearing on Motion to Suppress 185 as to Lawrence J. Lawson, Jr held 12:14 PM to 1:58 PM and 4:59 PM to 5:15 PM on 5/18/2018. Court and counsel heard re Defendant's Motion to Suppress (DKT 185). Witnesses sworn. Exhibits Admitted. Court and counsel heard re discovery issues and production. Court directed clerk to order a 14 day transcript of this proceeding. Court to determine when matter is to be taken under advisement upon receipt of ex parte production from Government. Copies of admitted exhibits forwarded to the Court. List of Witnesses and List of Exhibits to be filed separately. APPEARANCES: Defendant Not Present, In-Custody; Retta-Rae Randall, Lori A. Hendrickson, Timothy M. Russo, AUSA; John L. Littrell, Ariana Seldman Hawbecker, Retained. cc: USM, USPO
221
05/18/2018
EXHIBIT LIST - by USA as to Lawrence J. Lawson, Jr
222
05/18/2018
EXHIBIT LIST by Lawrence J. Lawson, Jr
223
05/18/2018
Witness List
224
05/25/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Motion to Suppress held on May 17, 2018 before Judge Deborah M. Smith. Court Recorder: Camille White. Realtime Court Reporter: Sonja L. Reeves, RMR-CRR. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, Sonja L. Reeves, RMR-CRR (907) 677-6136. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 8/23/2018. Ordered by: Deborah M. Smith
225
05/25/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Motion to Suppress held on May 18, 2018 before Judge Deborah M. Smith. Court Recorder: Camille White. Realtime Court Reporter: Sonja L. Reeves, RMR-CRR. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, Sonja L. Reeves, RMR-CRR (907) 677-6136. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 8/23/2018. Ordered by: Deborah M. Smith
227
05/29/2018
ORDER granting in part and denying in part 202 Motion to Compel as to Lawrence J. Lawson Jr. (1). See order for details. Signed by Judge Deborah M. Smith on 5/29/2018. (P-S, COURT STAFF)
229
05/30/2018
OBJECTION TO REPORT AND RECOMMENDATIONS 216 by USA as to Lawrence J. Lawson, Jr Modified on 5/31/2018 Create relationship to document #111
1
Exhibit 1
1 Attachment
230
05/30/2018
OBJECTION TO REPORT AND RECOMMENDATIONS 216 by Lawrence J. Lawson, Jr Modified on 5/31/2018 Create relationship to document #111
231
05/30/2018
MOTION for Hearing AND REQUEST FOR ADDITIONAL REMEDIES by Lawrence J. Lawson, Jr. Modified on 5/31/2018 Create relationship to document #111
232
05/30/2018
DECLARATION of ARIANA SELDMAN HAWBECKER by Lawrence J. Lawson, Jr 231 MOTION for Hearing AND REQUEST FOR ADDITIONAL REMEDIES filed by Lawrence J. Lawson, Jr. Modified on 5/31/2018 Create relationship to document #111
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
Exhibit L
13
Exhibit M
14
Affidavit
14 Attachments
233
05/30/2018
DECLARATION of AMBER KIMMEL by Lawrence J. Lawson, Jr Modified on 5/31/2018 Create relationship to document #231 Modified on 5/31/2018 Create relationship to document #111
234
05/30/2018
DECLARATION of TONYA BARBER by Lawrence J. Lawson, Jr 231 MOTION for Hearing AND REQUEST FOR ADDITIONAL REMEDIES filed by Lawrence J. Lawson, Jr. Modified on 5/31/2018 Create relationship to document #111
235
06/01/2018
INITIAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr re 208 MOTION for Reconsideration OF ORDER ON DEFENDANTS MOTION TO DISMISS COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE. The Magistrate Judge recommends that the District Court GRANT IN PART Defendant's Motion for Reconsideration. Objections to R&R due by 6/15/2018; Reply to Objections to R&R due by 6/21/2018. Signed by Judge Deborah M. Smith on 6/1/2018. (P-S, COURT STAFF)
237
06/05/2018
NOTICE - Defendant's Objections to Initial Response to Government's Notice of Filing IRS Documents Pursuant to Orders at Dockets 220 and 227 [Dkt. No. 236] by Lawrence J. Lawson, Jr
240
06/07/2018
NOTICE to the Court by USA as to Lawrence J. Lawson, Jr re 235 INITIAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr re 208 MOTION for Reconsideration OF ORDER ON DEFENDANTS MOTION TO DISMISS COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE (Randall, Retta-Rae)
241
06/11/2018
NOTICE of Compliance with Discovery Order by USA as to Lawrence J. Lawson, Jr re 227 Order on Motion to Compel
1
Exhibit 1
2
Exhibit 2)(Randall, Retta-Rae
2 Attachments
244
06/12/2018
TMB TEXT ORDER RESETTING HEARING as to Lawrence J. Lawson, Jr.: IT IS HEREBY ORDERED that the Status Conference set for 6/14/2018 at 11:00 AM is VACATED and RESET for 6/20/2018 at 2:00 PM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. Parties wishing to appear telephonically are directed to call the Meet-Me-Bridge at 1-888-278-0296, Access Code: 9623794, five minutes prior to the hearing start time. (JDS, CHAMBERS STAFF)
245
06/12/2018
SUPPLEMENT TO EXPERT DISCLOSURE by Lawrence J. Lawson, Jr
1
Exhibit AA
2
Exhibit BB
3
Exhibit CC
4
Exhibit DD
5
Exhibit EE
6
Exhibit FF
7
Exhibit GG
8
Exhibit HH
9
Exhibit II
10
Exhibit JJ
10 Attachments
247
06/14/2018
ORDER as to Lawrence J. Lawson, Jr. regarding June 20, 2018 evidentiary hearing. Signed by Judge Deborah M. Smith on 6/14/2018. (ELH, CHAMBERS STAFF) CC: USM, USPO
248
06/14/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 231 MOTION for Hearing AND REQUEST FOR ADDITIONAL REMEDIES
249
06/15/2018
OBJECTION TO REPORT AND RECOMMENDATIONS 235 by Lawrence J. Lawson, Jr REGARDING HIS MOTION FOR RECONSIDERATION OF ORDER ON HIS MOTION TO DISMISS COUNT FIVE Modified on 6/18/2018 Create relationship to document #208
250
06/15/2018
OBJECTION TO REPORT AND RECOMMENDATIONS 235 by USA as to Lawrence J. Lawson, Jr Modified on 6/18/2018 Create relationship to document #208
251
06/19/2018
INDICTMENT COVER SHEET(S) AND SIGNATURES as to Lawrence J. Lawson, Jr (1) count(s) 1ss-4ss, 5ss.
1
Criminal Cover Sheet re Defendant Lawson
1 Attachment
252
06/19/2018
SECOND SUPERSEDING INDICTMENT as to Lawrence J. Lawson, Jr.
253
06/19/2018
DMS TEXT ORDER as to Lawrence J. Lawson, Jr: Arraignment on Second Superseding Indictment re 252 /Status Conference is set for 6/20/2018 at 9:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. cc: USM, USPO.
254
06/20/2018
MOTION to Dismiss INDICTMENT by Lawrence J. Lawson, Jr.
255
06/20/2018
DECLARATION of ARIANA SELDMAN HAWBECKER by Lawrence J. Lawson, Jr 254 MOTION to Dismiss INDICTMENT filed by Lawrence J. Lawson, Jr.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
Exhibit L
13
Exhibit M
14
Affidavit Proof of Service
14 Attachments
256
06/20/2018
DECLARATION of AMBER KIMMEL by Lawrence J. Lawson, Jr 254 MOTION to Dismiss INDICTMENT filed by Lawrence J. Lawson, Jr.
257
06/20/2018
DECLARATION of TONYA BARBER by Lawrence J. Lawson, Jr 254 MOTION to Dismiss INDICTMENT filed by Lawrence J. Lawson, Jr.
258
06/20/2018
TMB TEXT ORDER re scheduling: As discussed at the status conference on June 20, 2018, the Court hereby amends the scheduling order at docket 182 to require that the parties file responses to motions in limine within seven (7) days of the filing of the motions. Additionally, both motions in limine and responses are limited to five (5) pages. (JDS, CHAMBERS STAFF)
259
06/21/2018
REPLY TO OBJECTION TO REPORT AND RECOMMENDATION 235 RE MOTION FOR RECONSIDERATION OF ORDER ON HIS MOTION TO DISMISS COUNT FIVE Modified on 6/21/2018 Create relationship to document #208
260
06/21/2018
WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Lawrence J. Lawson, Jr
262
06/21/2018
TRANSCRIPT REQUEST by Lawrence J. Lawson, Jr
263
06/21/2018
NOTICE of Government's Intent Regarding Motion to Seal Documents by USA as to Lawrence J. Lawson, Jr re 231 MOTION for Hearing AND REQUEST FOR ADDITIONAL REMEDIES, 254 MOTION to Dismiss INDICTMENT (Randall, Retta-Rae)
265
06/21/2018
MOTION re 264 SEALED MOTION to File Under Seal (Filed on Shortened Time) (Filed on Shortened Time) by USA as to Lawrence J. Lawson, Jr.
1
Proposed Order)(Randall, Retta-Rae
1 Attachment
266
06/21/2018
NOTICE of Compliance with Discovery Order at Doc 228 by USA as to Lawrence J. Lawson, Jr (Randall, Retta-Rae)
267
06/20/2018
Minute Entry for proceedings held before Judge Timothy M. Burgess:Status Conference as to Lawrence J. Lawson, Jr. held 2:11 PM to 2:33 PM on 6/20/2018. Court and counsel heard re evidentiary hearing set before the magistrate judge, motion to compel expected to be filed and Second Superseding Indictment. Motions in limine (no more than 5 pages) due by 7/17/2018, response (no more than 5 pages) due by 7/24/2018. Status Conference/FPTC set for 8/8/2018 10:00 AM in Anchorage Courtroom 1 before Timothy M. Burgess. FPTC previously set for 8/21/2018 at 9:00 AM remains as set. APPEARANCES: Defendant not present, in-custody; Retta-Rae Randall, AUSA; Timothy M. Russo, AUSA; Ariana Seldman Hawbecker, retained; John L. Littrell, telephonic, retained; R. Joy Stancel, Official Court Reporter. cc: USM, USPO
269
06/22/2018
NOTICE of Filing CD Conventionally by USA as to Lawrence J. Lawson, Jr (Randall, Retta-Rae)
06/22/2018
One CD plus one chambers copy received on 06/22/18 as to Lawrence J. Lawson, Jr 269. (Text entry; no document attached.)
270
06/22/2018
ORDER granting 265 Motion to Accept Conventional Filing Under Seal as to Lawrence J. Lawson Jr. (1). Signed by Judge Deborah M. Smith on 6/21/2018. (ELH, CHAMBERS STAFF)
271
06/22/2018
MOTION to Eliminate Prejudicial Pre-Trial Publicity (Filed on Shortened Time) by USA as to Lawrence J. Lawson, Jr.
1
Proposed Order)(Randall, Retta-Rae
1 Attachment
272
06/22/2018
DECLARATION of Retta-Rae Randall by USA as to Lawrence J. Lawson, Jr 271 MOTION to Eliminate Prejudicial Pre-Trial Publicity (Filed on Shortened Time) filed by USA (Randall, Retta-Rae)
273
06/22/2018
Third MOTION for Discovery by Lawrence J. Lawson, Jr.
274
06/22/2018
DECLARATION of ARIANA SELDMAN HAWBECKER by Lawrence J. Lawson, Jr 273 Third MOTION for Discovery filed by Lawrence J. Lawson, Jr.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
Exhibit L
13
Exhibit M
14
Exhibit N
15
Affidavit Affidavit of Service
15 Attachments
275
06/22/2018
DMS TEXT ORDER: The Motion to Eliminate Prejudicial Pre-Trial Publicity 271 is accepted on shortened time. Defense counsel is directed to respond to the motion by the close of business June 26, 2018. Oral argument on the motion will be held Wednesday, June 27, 2018 at 2:00 PM in Anchorage Courtroom 5 before Deborah M. Smith. Parties may appear telephonically by calling the Court five minutes prior to the start of the hearing at (907) 677-6247; Access Code 959992. (ELH, CHAMBERS STAFF)
276
06/20/2018
Minute Entry for proceedings held before Judge Deborah M. Smith: Status Conference (Arraignment on Second Superseding Indictment (DKT 252)/Status Conference) as to Lawrence J. Lawson, Jr held 9:09 AM to 9:41 AM and 1:17 PM to 1:25 PM on 6/20/2018. Court and counsel heard re defendants nonappearance. Continued Arraignment on Second Superseding Indictment 252 set for 7/2/2018 at 10:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. Court and counsel heard re outstanding motions related to discovery and deadlines for motions. Continued Motion Hearing re 185 set for August 6, 7 and 8 at 09:00 AM in Anchorage Courtroom 5 before Deborah M. Smith. APPEARANCES: Defendant Not Present, On Bond; Retta-Rae Randall/Timothy M. Russo, AUSA; Ariana Seldman Hawbecker, Retained; John L. Littrell (Telephonic), Retained. cc: USM, USPO.
278
06/25/2018
MOTION for Extension of Time to File Response/Reply as to 254 MOTION to Dismiss INDICTMENT Filed on Shortened Time by USA as to Lawrence J. Lawson, Jr.
1
Exhibit 1
2
Proposed Order
2 Attachments
279
06/25/2018
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 278 MOTION for Extension of Time to File Response/Reply as to 254 MOTION to Dismiss INDICTMENT Filed on Shortened Time
280
06/26/2018
NOTICE of Rule 404(b) evidence by USA as to Lawrence J. Lawson, Jr
281
06/26/2018
DMS TEXT ORDER as to Lawrence J. Lawson Jr: Having duly considered the government's Motion to Extend Time to Respond to Defendant's Motion to Dismiss Indictment 278 and the defendant's Opposition 279, considered on shortened time, the motion is hereby GRANTED. The government shall file its response to the Motion to Dismiss no later than July 13, 2018. (ELH, CHAMBERS STAFF) Modified on 6/26/2018 Create relationship to document #254
282
06/26/2018
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 271 MOTION to Eliminate Prejudicial Pre-Trial Publicity (Filed on Shortened Time)
283
06/26/2018
DECLARATION of ARIANA SELDMAN HAWBECKER by Lawrence J. Lawson, Jr 282 Response in Opposition filed by Lawrence J. Lawson, Jr. Modified on 6/27/2018 to create relationship to document #271
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Affidavit Certificate of Service
10 Attachments
284
06/27/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 273 Third MOTION for Discovery
285
06/27/2018
DECLARATION of Timothy M. Russo by USA as to Lawrence J. Lawson, Jr 284 Response in Opposition filed by USA Modified on 6/27/2018 create relationship to document #273
288
06/28/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Status Conference held on June 20, 2018, before Judge Timothy M. Burgess. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel R. Joy Stancel. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 9/26/2018.
289
06/28/2018
PARTIAL TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Status Conference - Public Proceedings (Arraignment on Second Superseding Indictment [DKT 252]/Status Confernce) held on June 20, 2018, before Judge Deborah M. Smith. Court Recorder: CW. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the transcriber, R. Joy Stancel by calling 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 9/26/2018.
290
06/27/2018
Minute Entry for proceedings held before Judge Deborah M. Smith: Hearing on Motion to Eliminate Prejudicial Pre-Trial Publicity (DKT 271) as to Lawrence J. Lawson, Jr held 2:09 PM to 2:52 PM on 6/27/2018. Court and counsel heard re Governments Motion to Eliminate Prejudicial Pre Trial Publicity 271. Arguments of counsel heard. No extra judicial comments/statements about the case to be made publicly about the case; Written order to issue. APPEARANCES: Defendant not present, in-custody; Retta-Rae Randall, AUSA; Timothy M. Russo, telephonic, AUSA; Ariana Seldman Hawbecker, telephonic, retained; John L. Littrell, telephonic, retained. cc: USM, USPO
291
06/28/2018
SEALED NOTICE to the Court regarding Document 261 by USA as to Lawrence J. Lawson, Jr (Randall, Retta-Rae)
292
06/28/2018
MINUTE ORDER as to Lawrence J. Lawson, Jr re 271 MOTION to Eliminate Prejudicial Pre-Trial Publicity (Filed on Shortened Time). Signed by Judge Deborah M. Smith on 6/28/2018. (ELH, CHAMBERS STAFF)
293
06/29/2018
MOTION to Dismiss COUNT FIVE OF THE SECOND SUPERSEDING INDICTMENT FOR FAILURE TO STATE A CRIMINAL OFFENSE by Lawrence J. Lawson, Jr.
295
07/02/2018
DMS TEXT ORDER as to Lawrence J. Lawson, Jr: In light of defendant's Waiver of Appearance On Second Superseding Indictment filed at Doc.260, the Arraignment scheduled for July 2, 2018, at 2:00 PM is hereby VACATED. (ELH, CHAMBERS STAFF) cc: USM, USPO
296
07/02/2018
MOTION for Protective Order (Filed on Shortened Time) by USA as to Lawrence J. Lawson, Jr.
1
Proposed Order)(Randall, Retta-Rae
1 Attachment
300
07/05/2018
FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr. 100 MOTION to Exclude Government's Expert From Offering Opinion Testimony Regarding Conclusions of Law; Memorandum of Points and Authorities filed by Lawrence J. Lawson, Jr. The Magistrate Judge recommends that the Defendant's 100 Motion to Exclude be DENIED. Signed by Judge Deborah M. Smith on 7/5/2018. (P-S, COURT STAFF)
301
07/05/2018
FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr 208 MOTION for Reconsideration OF ORDER ON DEFENDANTS MOTION TO DISMISS COUNT FIVE FOR FAILURE TO STATE A CRIMINAL OFFENSE filed by Lawrence J. Lawson, Jr. The Magistrate Judge recommends that the Defendant's 208 Motion for Reconsideration be DENIED as moot. Signed by Judge Deborah M. Smith on 7/5/2018. (P-S, COURT STAFF)
302
07/05/2018
FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr 111 MOTION to Strike Revised Expert Notice And Preclude Expert Testimony By IRS Revenue Agent Sandy Byrd; MPA filed by Lawrence J. Lawson, Jr. The Magistrate Judge recommends that the motion be DENIED. Signed by Judge Deborah M. Smith on 7/5/2018. (P-S, COURT STAFF)
304
07/06/2018
ORDER as to Lawrence J. Lawson, Jr re 286 Sealed Order, 287 Sealed Order. See attached order for details. Signed by Judge Deborah M. Smith on 7/6/2018. (P-S, COURT STAFF)
307
07/06/2018
ORDER granting 296 Motion for Protective Order as to Lawrence J. Lawson Jr. Signed by Judge Deborah M. Smith on 7/6/2018. (ELH, CHAMBERS STAFF)
308
07/10/2018
ORDER ADOPTING 300 FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr.: Defendant's Motion to Preclude Government's Expert from Offering Opinion Testimony Regarding Conclusions of Law at Docket 100, is DENIED. Signed by Judge Timothy M. Burgess on 7/10/2018. (JDS, CHAMBERS STAFF)
309
07/10/2018
ORDER ADOPTING 301 FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr.: Defendant's Motion for Reconsideration of Order on Defendant's Motion to Dismiss Count Five for Failure to State a Criminal Offense at Docket 208 is DENIED AS MOOT. Signed by Judge Timothy M. Burgess on 7/10/2018. (JDS, CHAMBERS STAFF)
312
07/11/2018
ORDER ADOPTING 302 FINAL REPORT AND RECOMMENDATION as to Lawrence J. Lawson, Jr.: Defendant's Motion to Strike Revised Expert Notice and Preclude Expert Testimony by IRS Revenue Agent Sandy Byrd at Docket 111 is DENIED, and Defendant's motion to order the government to supplement its March 16, 2018 expert notice with specific citations to the evidence Agent Byrd relied in forming her opinion is DENIED. Signed by Judge Timothy M. Burgess on 7/11/2018. (JDS, CHAMBERS STAFF)
313
07/11/2018
UNOPPOSED MOTION to File Over-Length Brief in Opposition to Defendant's Motion to Dismiss Indictment by USA as to Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
314
07/11/2018
BZ TEXT ORDER GRANTING 313 Unopposed Motion as to Lawrence J. Lawson Jr. (1). The government is permitted to file an over-length brief in opposition to 254 Defendant's Motion to Dismiss Indictment. The brief may not exceed twenty-two pages, not including the cover page and any supporting declarations or exhibits. Signed by Judge Bernard Zimmerman on 7/11/2018. (P-S, COURT STAFF)
315
07/13/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 293 MOTION to Dismiss COUNT FIVE OF THE SECOND SUPERSEDING INDICTMENT FOR FAILURE TO STATE A CRIMINAL OFFENSE
316
07/13/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 254 MOTION to Dismiss INDICTMENT
317
07/13/2018
DECLARATION of Lori A. Hendrickson by USA as to Lawrence J. Lawson, Jr 316 Response in Opposition filed by USA Modified on 7/16/2018 Create relationship to document #254
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
5
Exhibit 5
6
Exhibit 6
7
Exhibit 7
7 Attachments
318
07/13/2018
DECLARATION of Chris Harris by USA as to Lawrence J. Lawson, Jr 316 Response in Opposition filed by USA Modified on 7/16/2018 Create relationship to document #254
319
07/13/2018
DECLARATION of Doug Hartford by USA as to Lawrence J. Lawson, Jr 316 Response in Opposition filed by USA Modified on 7/16/2018 Create relationship to document #254
320
07/13/2018
DECLARATION of Kris "Kelly" Kalanges by USA as to Lawrence J. Lawson, Jr 316 Response in Opposition filed by USA Modified on 7/16/2018 Create relationship to document #254
321
07/13/2018
DECLARATION of Sonia Oen by USA as to Lawrence J. Lawson, Jr 316 Response in Opposition filed by USA Modified on 7/16/2018 Create relationship to document #254
322
07/13/2018
DECLARATION of Tonya Rhame by USA as to Lawrence J. Lawson, Jr 316 Response in Opposition filed by USA Modified on 7/16/2018 Create relationship to document #254
323
07/13/2018
DECLARATION of John Williamson by USA as to Lawrence J. Lawson, Jr 316 Response in Opposition filed by USA Modified on 7/16/2018 Create relationship to document #254
324
07/13/2018
DECLARATION of Michael Zeznock by USA as to Lawrence J. Lawson, Jr 316 Response in Opposition filed by USA Modified on 7/16/2018 Create relationship to document #254
07/16/2018
Docket Annotation as to Lawrence J. Lawson, Jr: Your recent electronic filings with the District of Alaska are in error: Docket 321 Declaration filed by USA, 322 Declaration filed by USA, 319 Declaration filed by USA, 323 Declaration filed by USA, 318 Declaration filed by USA, 317 Declaration, filed by USA, 320 Declaration filed by USA, 324. Declarations filed by USA Declarations are not in compliance with D.Ak. L.R. 10.1(e). Counsel should review D.Ak. L.R. 10.1(e) to ensure future filings are in compliance. (Text entry; no document attached.)
325
07/16/2018
NOTICE to the Court Regarding Dockets 246-2 and 261 by USA as to Lawrence J. Lawson, Jr re 246 Document - Ex Parte, 261 Document - Ex Parte (Randall, Retta-Rae)
326
07/16/2018
NOTICE of Compliance with Court Orders by USA as to Lawrence J. Lawson, Jr re 306 Status Conference, Ex Parte Hearing, 286 Sealed Order, 304 Order, 287 Sealed Order (Randall, Retta-Rae)
327
07/16/2018
NOTICE regarding Court order by USA as to Lawrence J. Lawson, Jr re 276 Status Conference, Set/Reset Motion and R&R Deadlines/Hearings
328
07/17/2018
First MOTION in Limine re Self-Serving Hearsay by USA as to Lawrence J. Lawson, Jr.
329
07/17/2018
MOTION for Leave to File Excess Pages re MOTION IN LIMINE NO. 1 by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
330
07/17/2018
MOTION for Leave to File Excess Pages Re MOTION IN LIMINE NO. 3 by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
331
07/17/2018
NOTICE OF FILING MOTIONS IN LIMINE NOS. 1 THROUGH 13 by Lawrence J. Lawson, Jr
332
07/17/2018
MOTION in Limine NO. 1 TO EXCLUDE ALTERED EMAILS by Lawrence J. Lawson, Jr.
333
07/17/2018
MOTION in Limine NO. 2 TO EXCLUDE ALL UNSIGNED TAX RETURNS by Lawrence J. Lawson, Jr.
334
07/17/2018
MOTION in Limine NO. 3 TO EXCLUDE EVIDENCE AND ARGUMENT RELATING TO UNCHARGED CONDUCT by Lawrence J. Lawson, Jr.
335
07/17/2018
MOTION in Limine NO. 4 TO EXCLUDE EVIDENCE AND ARGUMENT RE 404(B) EVIDENCE by Lawrence J. Lawson, Jr.
336
07/17/2018
MOTION in Limine NO. 5 TO ADMIT EVIDENCE OF HABIT AND ROUTINE BUSINESS PRACTICE by Lawrence J. Lawson, Jr.
337
07/17/2018
MOTION in Limine NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING AIRPLANE AND RELATED EXPENSES by Lawrence J. Lawson, Jr.
338
07/17/2018
MOTION in Limine NO. 7 TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING HOMER-RELATED EXPENSES by Lawrence J. Lawson, Jr.
339
07/17/2018
MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE RE FAA MISCONDUCT by Lawrence J. Lawson, Jr.
340
07/17/2018
MOTION in Limine NO. 9 TO EXCLUDE EVIDENCE RE ALLEGED LATE PAYMENT OF TAXES by Lawrence J. Lawson, Jr.
341
07/17/2018
MOTION in Limine NO. 10 TO EXCLUDE ANY EVIDENCE OR ARGUMENT REGARDING WITNESSES RELIGIOUS BELIEFS by Lawrence J. Lawson, Jr.
342
07/17/2018
MOTION in Limine NO. 11 TO EXCLUDE EVIDENCE RE WEALTH UNRELATED TO THE INDICTMENT by Lawrence J. Lawson, Jr.
343
07/17/2018
MOTION in Limine NO. 12 TO EXCLUDE EVIDENCE RE MEDICAL SCHOOLS by Lawrence J. Lawson, Jr.
344
07/17/2018
MOTION in Limine NO. 13 TO EXCLUDE EVIDENCE RE BUSINESS BANK ACCOUNTS by Lawrence J. Lawson, Jr.
345
07/17/2018
Second MOTION in Limine Requesting a Daubert Hearing Regarding Proposed Experts and to Exclude All Experts for Whom No Reports Have Been Provided by USA as to Lawrence J. Lawson, Jr.
346
07/17/2018
DECLARATION of ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANT LAWRENCE J. LAWSON, JR.S MOTIONS IN LIMINE by Lawrence J. Lawson, Jr
1
Appendix re Exhibits
2
Exhibit 1
3
Exhibit 2
4
Exhibit 3
5
Exhibit 4
6
Exhibit 5
7
Exhibit 6
8
Exhibit 7
9
Exhibit 8
10
Exhibit 9
11
Exhibit 10
12
Exhibit 11
13
Exhibit 12
14
Exhibit 13
15
Exhibit 14
16
Exhibit 15
17
Exhibit 16
18
Exhibit 17
19
Exhibit 18
20
Exhibit 19
21
Exhibit 20
22
Exhibit 21
23
Exhibit 22
24
Exhibit 23
25
Exhibit 24
26
Exhibit 25
27
Exhibit 26
28
Exhibit 27
29
Exhibit 28
30
Exhibit 29
31
Exhibit 30
32
Exhibit 31
33
Exhibit 32
34
Exhibit 33
35
Exhibit 34
36
Exhibit 35
37
Exhibit 36
38
Exhibit 37
39
Exhibit 38
40
Exhibit 39
41
Exhibit 40
42
Exhibit 41
43
Exhibit 42
44
Exhibit 43
45
Exhibit 44
46
Exhibit 45
47
Exhibit 46
48
Exhibit 47
49
Exhibit 48
50
Exhibit 49
51
Exhibit 50
52
Exhibit 51
52 Attachments
348
07/17/2018
ADDITIONAL RELATED DOCUMENT [PROPOSED] ORDER GRANTING DEFENDANT LAWRENCE J. LAWSON, JR.S MOTIONS IN LIMINE NOS. 1-13
349
07/17/2018
Third MOTION in Limine for Preliminary Ruling of Admissibility Regarding 2009 Form 1040 by USA as to Lawrence J. Lawson, Jr.
350
07/17/2018
Fourth MOTION in Limine to Preclude Inadmissible Testimony Regarding Janet Bolvin by USA as to Lawrence J. Lawson, Jr.
351
07/17/2018
Fifth MOTION in Limine to Preclude Inadmissible Testimony Regarding IRS Employees Misconduct by USA as to Lawrence J. Lawson, Jr.
352
07/23/2018
Notice of Intent to use the Court's Digital Evidence Presentation System (DEPS) for hearing/trial scheduled to begin August 6, 2018 by Lawrence J. Lawson, Jr
353
07/23/2018
Notice of Intent to use the Court's Digital Evidence Presentation System (DEPS) for hearing/trial scheduled to begin August 6, 2018 by USA as to Lawrence J. Lawson, Jr (Randall, Retta-Rae)
354
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 333 MOTION in Limine NO. 2 TO EXCLUDE ALL UNSIGNED TAX RETURNS
355
07/24/2018
DECLARATION of Lori A. Hendrickson by USA as to Lawrence J. Lawson, Jr 354 Response in Opposition filed by USA
356
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 334 MOTION in Limine NO. 3 TO EXCLUDE EVIDENCE AND ARGUMENT RELATING TO UNCHARGED CONDUCT
357
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 335 MOTION in Limine NO. 4 TO EXCLUDE EVIDENCE AND ARGUMENT RE 404(B) EVIDENCE
358
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 336 MOTION in Limine NO. 5 TO ADMIT EVIDENCE OF HABIT AND ROUTINE BUSINESS PRACTICE
359
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 337 MOTION in Limine NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING AIRPLANE AND RELATED EXPENSES
360
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 341 MOTION in Limine NO. 10 TO EXCLUDE ANY EVIDENCE OR ARGUMENT REGARDING WITNESSES RELIGIOUS BELIEFS
361
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 343 MOTION in Limine NO. 12 TO EXCLUDE EVIDENCE RE MEDICAL SCHOOLS
362
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 340 MOTION in Limine NO. 9 TO EXCLUDE EVIDENCE RE ALLEGED LATE PAYMENT OF TAXES
363
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 339 MOTION in Limine NO. 8 TO EXCLUDE EVIDENCE RE FAA MISCONDUCT
364
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 342 MOTION in Limine NO. 11 TO EXCLUDE EVIDENCE RE WEALTH UNRELATED TO THE INDICTMENT
365
07/24/2018
MOTION for Leave to File Excess Pages RE DEFENDANT'S OPPOSITION TO THE GOVERNMENTS MOTION IN LIMINE RE IRS EMPLOYEES MISCONDUCT by Lawrence J. Lawson, Jr. Modified on 7/27/2018 to create relationship to dkt 351.
1
Proposed Order
1 Attachment
366
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 344 MOTION in Limine NO. 13 TO EXCLUDE EVIDENCE RE BUSINESS BANK ACCOUNTS
367
07/24/2018
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 351 Fifth MOTION in Limine to Preclude Inadmissible Testimony Regarding IRS Employees Misconduct
368
07/24/2018
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 350 Fourth MOTION in Limine to Preclude Inadmissible Testimony Regarding Janet Bolvin
369
07/24/2018
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 349 Third MOTION in Limine for Preliminary Ruling of Admissibility Regarding 2009 Form 1040
370
07/24/2018
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 345 Second MOTION in Limine Requesting a Daubert Hearing Regarding Proposed Experts and to Exclude All Experts for Whom No Reports Have Been Provided
371
07/24/2018
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 328 First MOTION in Limine re Self-Serving Hearsay
372
07/24/2018
DECLARATION of ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANT'S OPPOSITIONS TO THE GOVERNMENT'S MOTIONS IN LIMINE by Lawrence J. Lawson, Jr
1
Exhibit 52
2
Exhibit 53
3
Exhibit 54
4
Exhibit 55
5
Exhibit 56
6
Exhibit 57
7
Affidavit of Service
7 Attachments
373
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 338 MOTION in Limine NO. 7 TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING HOMER-RELATED EXPENSES
374
07/24/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re 332 MOTION in Limine NO. 1 TO EXCLUDE ALTERED EMAILS
1
Exhibit 1
1 Attachment
375
07/24/2018
ERRATA by USA as to Lawrence J. Lawson, Jr 358 Response in Opposition filed by USA
08/02/2018
Order (Text entry; no document attached.)
08/02/2018
Order on Motion for Leave to File Excess Pages (Text entry; no document attached.)
08/03/2018
Order on Motion for Leave to File Excess Pages (Text entry; no document attached.)
08/03/2018
Order on Motion for Leave to File Excess Pages (Text entry; no document attached.)
379
08/02/2018
DMS TEXT ORDER: In light of the Notices at 352 DEPS Notice and 353 DEPS Notice, the continued motion hearings set for August 6, 7 and 8, 2018 at 9:00 AM will now be held in Anchorage Courtroom 2. (ELH, CHAMBERS STAFF) CC:USM, USPO
380
08/02/2018
TMB TEXT ORDER GRANTING 329 Motion for Leave to File Excess Pages re Motion in Limine No. 1 as to Lawrence J. Lawson Jr. (1). The defendant is permitted to file his Motion in Limine No. 1 to Exclude Photographed Emails Produced by Pilgrim Walk and/or Craig Lampe, which exceeds 5 pages. (JDS, CHAMBERS STAFF)
381
08/03/2018
TMB TEXT ORDER GRANTING 330 Motion for Leave to File Excess Pages re Motion in Limine No. 3 as to Lawrence J. Lawson Jr. (1). IT IS HEREBY ORDERED that the defendant is permitted to file his Motion in Limine No. 3 to Exclude Evidence and Argument Relating to Uncharged Conduct, which exceeds 5 pages. (JDS, CHAMBERS STAFF)
382
08/03/2018
TMB TEXT ORDER GRANTING 365 Motion for Leave to File Excess Pages re Defendant's Opposition to Government's Motion in Limine re IRS Employees' Misconduct as to Lawrence J. Lawson Jr. (1). IT IS HEREBY ORDERED that the defendant is permitted to file his Opposition to the Government's Motion in Limine to Preclude Inadmissible Testimony re IRS Employees' Misconduct which exceeds 5 pages. (JDS, CHAMBERS STAFF)
383
08/03/2018
NOTICE to the Court Regarding the August 6, 2018 Evidentiary Hearing by USA as to Lawrence J. Lawson, Jr
1
Exhibit Meeting notes of SA Tonya Rhame
2
Exhibit Declaration of SA Tonya Rhame
2 Attachments
385
08/06/2018
ORDER granting in part and denying in part 273 Motion for Discovery as to Lawrence J. Lawson Jr. (1). See Order for details. Signed by Judge Deborah M. Smith on 8/6/2018. (P-S, COURT STAFF)
08/07/2018
Order (Text entry; no document attached.)
08/07/2018
~Util - Set/Reset Hearings (Text entry; no document attached.)
387
08/07/2018
TMB TEXT ORDER re Notice of Hearing Time Change as to Lawrence J. Lawson, Jr.: The Status Conference set for 8/8/2018 at 10:00 AM is RESET to 11:00 AM in Anchorage Courtroom 1 before Judge Timothy M. Burgess. (JDS, CHAMBERS STAFF)
388
08/06/2018
Minute Entry for proceedings held before Judge Deborah M. Smith: Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) as to Lawrence J. Lawson, Jr held on 8/6/2018. Witnesses sworn. Exhibits admitted. Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for 8/7/2018 at 9:00 AM in Courtroom 2 before Deborah M. Smith. APPEARANCES: Defendant Not Present, On Bond; Retta-Rae Randall, AUSA; Timothy M. Russo, AUSA; Lori A. Hendrickson, AUSA; Ariana Seldman Hawbecker, Retained; John L. Littrell, Retained. cc: USM, USPO
389
08/06/2018
AMENDED MINUTE ENTRY: The parties are advised that the minute entry as to Lawrence J. Lawson, Jr: 388 Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) is amended as follows: Minute Entry for proceedings held before Judge Deborah M. Smith: Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) as to Lawrence J. Lawson, Jr held on 8/6/2018. Witnesses sworn. Exhibits admitted. Continue d Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for 8/7/2018 at 9:00 AM in Courtroom 2 before Deborah M. Smith. APPEARANCES: Defendant Not Present, On Bond; Retta-Rae Randall, AUSA; Timothy M. Russo, AUSA; Lori A. Hendrickson, AUSA; Ariana Seldman Hawbecker, Retained; John L. Littrell, Retained;*R. Joy Stancel, Official Reporter. cc: USM, USPO
390
08/07/2018
Minute Entry for proceedings held before Judge Deborah M. Smith: Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) as to Lawrence J. Lawson, Jr held on 8/7/2018. Witnesses sworn. Exhibits admitted. Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) set for 8/8/2018 at 9:00 AM in Courtroom 2 before Deborah M. Smith. APPEARANCES: Defendant Not Present, On Bond; Retta-Rae Randall, AUSA; Timothy M. Russo, AUSA; Lori A. Hendrickson, AUSA; Ariana Seldman Hawbecker, Retained; John L. Littrell, Retained; R. Joy Stancel, Official Reporter. cc: USM, USPO
08/09/2018
~Util - Set/Reset Deadlines/Hearings (Text entry; no document attached.)
08/09/2018
Status Conference (Text entry; no document attached.)
08/09/2018
1 - Terminate Deadlines and Hearings (Text entry; no document attached.)
391
08/08/2018
Minute Entry for proceedings held before Judge Timothy M. Burgess: Status Conference as to Lawrence J. Lawson, Jr. held 11:21 AM to 11:37 AM on 8/8/2018. Court and counsel heard re evidentiary hearing on motion to dismiss and motion to suppress. Additional briefing ordered by Magistrate Judge Smith. Plaintiff's oral motion to continue trial; GRANTED. FPTC set for 8/21/2018 at 9:00 AM and TBJ set for 8/29/2018 at 8:30 AM were VACATED. Counsel to meet and confer and file notice re agreed upon three week block of time for trial by the end of the week. Counsel to submit an amended proposed scheduling and planning order. Court to issue order setting status conferences. Court found excludable delay under 18 U.S.C. § 3161 (h)(7)(A) The ends of justice will be served by granting this continuance and outweigh the best interest of the public and the defendant in a speedy trial; (h)(7)(B)(i) Failure to continue would stop further proceedings or result in miscarriage of justice; (h)(7)(B)(ii) Case unusual or complex; (h)(7)(B)(iv) Continuance granted in order to obtain counsel, substitute counsel, or give reasonable time to prepare. APPEARANCES: Defendant not present, on bond; Retta-Rae Randall, AUSA; Timothy M. Russo, AUSA; Lori A. Hendrickson, AUSA; Ariana Seldman Hawbecker, retained; John L. Littrell, retained; Thomas Henry Bienert, Jr., retained; R. Joy Stancel, Official Court Reporter.
392
08/10/2018
TRANSCRIPT REQUEST by Lawrence J. Lawson, Jr
393
08/10/2018
Joint STIPULATION re Scheduling by USA as to Lawrence J. Lawson, Jr.
394
08/08/2018
Minute Entry for proceedings held before Judge Deborah M. Smith: Continued Evidentiary Hearing on Motion to Suppress 185 /Motion to Dismiss Indictment 254 as to Lawrence J. Lawson, Jr held on 8/8/2018. Witnesses sworn. Arguments heard. Court and counsel heard re additional briefing and deadlines. Court directed clerk to order an expedited transcript of proceedings.
395
08/08/2018
Witness List from Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held 8/6/2018 - 8/8/2018.
396
08/08/2018
EXHIBIT LIST by USA from Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held 8/6/2018 - 8/8/2018 as to Lawrence J. Lawson, Jr.
397
08/08/2018
EXHIBIT LIST by Lawrence J. Lawson, Jr from Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held 8/6/2018 - 8/8/2018.
398
08/14/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held on August 6, 2018, before Judge Deborah M. Smith. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 11/13/2018.
399
08/14/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held on August 7, 2018, before Judge Deborah M. Smith. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 11/13/2018.
400
08/14/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Continued Evidentiary Hearing on Motion to Suppress (DKT 185)/Motion to Dismiss Indictment (DKT 254) held on August 8, 2018, before Judge Deborah M. Smith. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 11/13/2018.
401
08/14/2018
TRANSCRIPT of Proceedings as to Lawrence J. Lawson, Jr; Status Conference (Final Pretrial Conference) held on August 8, 2018, before Judge Timothy M. Burgess. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 11/13/2018.
402
08/22/2018
NOTICE Of Government's Submission Regarding the May 17, 2018 Testimony of Kris Kalanges Concerning Defendant's Motion to Suppress by USA as to Lawrence J. Lawson, Jr
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
403
08/22/2018
DECLARATION of Timothy M. Russo by USA as to Lawrence J. Lawson, Jr 402 Notice (Other), filed by USA
404
08/30/2018
AMENDED SCHEDULING ORDER as to Lawrence J. Lawson, Jr. (See PDF for details) Signed by Judge Timothy M. Burgess on 8/30/18.
405
08/30/2018
MOTION for Leave to File Excess Pages Unopposed and Filed on Shortened Time by USA as to Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
406
08/31/2018
DMS TEXT ORDER granting 405 Motion for Leave to File Excess Pages as to Lawrence J. Lawson Jr. The government is permitted to file an over-length brief not to exceed twenty-five pages, not including the cover page or supporting declarations and exhibits. (ELH, CHAMBERS STAFF)
407
08/31/2018
AFFIDAVIT of ARIANA SELDMAN HAWBECKER RE ESTIMATED ATTORNEYS FEES AND COSTS EXPENDED IN ASSOCIATION WITH GOVERNMENTS SUPPRESSION OF EVIDENCE CONCERNING IRS EMPLOYEES by Lawrence J. Lawson, Jr
1
Exhibit A
2
Affidavit of Service
2 Attachments
08/31/2018
Order on Motion for Leave to File Excess Pages (Text entry; no document attached.)
408
09/04/2018
MOTION for Leave to File Excess Pages Unopposed and Filed on Shortened Time by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
09/04/2018
Order on Motion for Leave to File Excess Pages (Text entry; no document attached.)
409
09/04/2018
DMS TEXT ORDER granting 408 Motion for Leave to File Excess Pages as to Lawrence J. Lawson, Jr.: Dr. Lawson is permitted to file an over-length Closing Brief following the evidentiary hearing regarding the Motion to Suppress. The briefing shall not exceed twenty-five pages, not including the cover page, tables, signature block, or supporting declarations and exhibits. (ELH, CHAMBERS STAFF)
410
09/05/2018
NOTICE OF ATTORNEY APPEARANCE Steven E Skrocki appearing for USA.
411
09/05/2018
MOTION for Extension of Time to File Post-Hearing Brief in Opposition to Defendant's Motion to Dismiss Indictment (Filed on Shortened Time) by USA as to Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
413
09/05/2018
MOTION to Seal Document by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
416
09/05/2018
ADDITIONAL RELATED DOCUMENT DEFENDANTS CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS INDICTMENT
417
09/05/2018
DECLARATION of ARIANA SELDMAN HAWBECKER IN SUPPORT OF DEFENDANTS CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS by Lawrence J. Lawson, Jr 416 Additional Related Document filed by Lawrence J. Lawson, Jr.
1
Exhibit A
2
Exhibit B
3
Affidavit of Service
3 Attachments
418
09/05/2018
MOTION to Seal Document DECLARATION OF STEPHEN WALSH IN SUPPORT OF DEFENDANTS CLOSING BRIEF FOLLOWING EVIDENTIARY HEARING ON MOTION TO DISMISS by Lawrence J. Lawson, Jr.
1
Proposed Order
1 Attachment
420
09/06/2018
RESPONSE in Opposition by Lawrence J. Lawson, Jr re 411 MOTION for Extension of Time to File Post-Hearing Brief in Opposition to Defendant's Motion to Dismiss Indictment (Filed on Shortened Time)
09/10/2018
Order on Motion for Extension of Time to File (Text entry; no document attached.)
421
09/10/2018
DMS TEXT ORDER as to Lawrence J. Lawson, Jr.: Having duly considered the United States' Motion for Extension of Time to File Post-Hearing Brief in Opposition to Defendant's Motion to Dismiss Indictment 411, and the defendant's opposition to the motion, the motion is hereby GRANTED. The government has until September 19, 2018 to file its supplemental briefing and the defense may file a response by October 3, 2018. Signed by Judge Deborah M. Smith on 9/10/2018. (ELH, CHAMBERS STAFF)
423
09/19/2018
RESPONSE in Opposition by USA as to Lawrence J. Lawson, Jr re [254] MOTION to Dismiss INDICTMENT
1
Exhibit 1
1 Attachment
424
09/28/2018
ORDER as to Lawrence J. Lawson, Jr. GRANTING [339] Unopposed Motion in Limine NO. 8 TO EXCLUDE EVIDENCE RE FAA MISCONDUCT; GRANTING [341] Unopposed Motion in Limine NO. 10 TO EXCLUDE ANY EVIDENCE OR ARGUMENT REGARDING WITNESSES RELIGIOUS BELIEFS; and GRANTING [343] Unopposed Motion in Limine NO. 12 TO EXCLUDE EVIDENCE RE MEDICAL SCHOOLS. Please see attached Order signed by Judge Timothy M. Burgess on 9/28/2018.(NMG, CHAMBERS STAFF)
425
10/02/2018
ORDER granting [124] Motion to Seal Document, and [347] as to Lawrence J. Lawson Jr. (1). The Clerk of the Court is directed to maintain under seal those sealed documents and attachments at docket 125-1, 125-2, 125-3, 125-4, 125-5, 125-6, 125-7, 125-8, 125-11, 126-1, 126-2, 126-3, 126-4, 126-5, 127-4, 127-5, 127-7, 127-12, and 347-1 through 347-23, until the case is closed, at which time the documents shall be destroyed.
426
10/03/2018
REPLY TO RESPONSE to Motion by Lawrence J. Lawson, Jr re [254] MOTION to Dismiss INDICTMENT Filed Post-Hearing
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