Case 1:10-cr-00200-LMB Document 96

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

UNITED STATES OF AMERICA, v. LEE BENTLEY FARKAS, Defendant.

: : : Case No. 1:10cr200 (LMB) : : : :

MEMORANDUM IN SUPPORT OF THE DEFENDANT’S MOTION TO CONTINUE TRIAL DATE COMES NOW the defendant, LEE BENTLEY FARKAS (hereinafter Mr. Farkas), by counsel, and submits this, his Memorandum in support of his Defendant’s Motion to Continue Trial Date, and as his grounds for that Motion he states as follows: Arraignment in this case was held on July 2, 2010, at which time this case was scheduled for trial on November 1, 2010. The trial date was subsequently continued to February 22, 2011, and Mr. Farkas has waived his right to a speedy trial in this matter. Mr. Farkas has now filed his motion to continue the trial date in this matter to a date on or after May 23, 2011, and represents to this Court that the Government does not oppose the motion. This request is not made to subvert this Court’s policies or delay the trial process in this matter unnecessarily. As this Court is aware, the Government has provided Mr. Farkas’s counsel, and his staff, with access to a CACI database (the “OMEGA database”) of discovery documents. That database has grown, and continues to grow. When Mr.

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Farkas was arraigned, the OMEGA database contained approximately five (5) million pages of documents. By the time the undersigned counsel was appointed on August 11, 2010, it contained 19 million pages of documents. By approximately two (2) weeks ago, CACI estimated that the OMEGA database contained 59 million pages of documents. Since the last CACI estimate of size, Mr. Farkas’s counsel has been provided with two (2) notices that additional materials have been added to the OMEGA database. On November 24, 2010, four (4) additional categories of documents were identified, and on November 30, 2010, 15 additional categories of documents were identified. Mr. Farkas’s counsel has not contacted CACI to determine how many more pages these last two (2) additions have included, in part because there is no indication that these will be the last additions, and also because the number of pages, at this point, are so massive that the difference between 59.1 million pages and 59.2 million pages (or 65 million pages) is immaterial. The five (5) million pages, the 19 million pages and the 59 million pages, much less however many more pages as may exist, are overwhelming for the staff of Mr. Farkas’s Criminal Justice Act counsel and his staff. The two (2) paralegals engaged solely for this case by the undersigned counsel are working full time to review and analyze the documents in the OMEGA database, but the “still to do” stack keeps getting taller, even as the work proceeds. The review and analysis backlog is being addressed because the Directors and Officers insurance carrier (National Union) for Mr. Farkas’s firm (TBW) has finally agreed to provide coverage to pay counsel for Mr. Farkas in this matter. The agreement was signed by Mr. Farkas on December 6, 2010. As a result, Mr. Farkas has engaged Craig Kuglar, Esquire, KUGLAR LAW, in Atlanta, Georgia, Bruce Rogow, Esquire, of 2

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Ft. Lauderdale, Florida, and William B. Cummings, Esquire, WILLIAM C. CUMMINGS, P.C., the undersigned.1 Prior to the signing of the agreement with National Union, Mr. Kuglar’s primary responsibility with respect to Mr. Farkas was to negotiate with the SEC to obtain the SEC’s agreement to stay the civil action filed against Mr. Farkas by the SEC in this Court, and to negotiate with National Union to obtain National Union’s agreement to provide coverage as described herein. Mr. Kuglar is “generally aware” of the allegations in the indictment in this case, but has not devoted any substantial time to this criminal matter. Mr. Rogow has had not formal association with Mr. Farkas or this case prior to this date. Mr. Kuglar and Mr. Rogow have been engaged as legal counsel, however, and may engage additional counsel and other resources to integrate and complete the process started by the undersigned’s staff with respect to the OMEGA database, in addition to preparing for trial. Due to the ever-increasing size of the database, Messrs. Kuglar and Rogow will need the additional time requested herein to prepare for trial. Mr. Kuglar has another matter currently scheduled for May 10 through May 13, 2011, in Milwaukee, Minnesota, but believes he and the trial team can be ready for trial in this matter by May 23, 2011. Because Messrs. Kuglar and Rogow are replacing the undersigned existing CJA counsel as lead counsel for Mr. Farkas, while the undersigned counsel will primarily be local counsel for Mr. Farkas, and because Messrs. Kuglar and Rogow will need (even

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All CJA funds paid to the undersigned counsel for fees and expenses through the termination of the representation will be refunded to the Court.

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with substantially increased resources) additional time to complete the ongoing review of the OMEGA database, this case should be continued from February 22, 2011 to a date on or after May 23, 2011. CONCLUSION For the reasons set forth above, and without opposition from the Government, Mr. Farkas’s motion to continue the trial date in this case from February 22, 2011 to a date on or after May 23, 2011 should be granted , and he respectfully requests that the proposed Order submitted in this matter with his Motion be entered by the Court. Respectfully submitted, LEE BENTLEY FARKAS

By:

/s/ WILLIAM B. CUMMINGS, ESQUIRE VA Bar No. 6469 Counsel for LEE BENTLEY FARKAS WILLIAM B. CUMMINGS, P.C. Post Office Box 1177 Alexandria, Virginia 22313 (703) 836-7997 Fax (703) 836-0238 wbcpclaw@aol.com

CERTIFICATE OF SERVICE I hereby certify that on the 6th day of December, 2010, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to at least the following registered ECF users: Paul J. Nathanson, Esquire paul.nathanson@usdoj.gov 4

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Charles Connolly, Esquire charles.connolly@usdoj.gov United States Attorney’s Office for the Eastern District of Virginia 2100 Jamieson Avenue Alexandria, Virginia 22314

/s/ WILLIAM B. CUMMINGS, ESQUIRE VA Bar No. 6469 Attorney for LEE BENTLEY FARKAS WILLIAM B. CUMMINGS, P.C. Post Office Box 1177 Alexandria, Virginia 22313 (703) 836-7997 Fax (703) 836-0238 wbcpclaw@aol.com

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