blueline
EOG Master
Andrew C. Adams, who will be prosecuting the case along with fellow Assistant U.S. Attorneys Benet Jeanne Kearney and Sarah Mortazavi, outlined investigative techniques used in the case and previewed what he called some of the “voluminous” discovery the government intends to roll out in three phases in the coming months.
Adams, who said the investigation began “several years ago,” indicated there is a year's worth of wiretapped phone conversations, with “between three to four phones intercepted at once. Certain phones were picked up early in the case, dropped, and spun off to other defendants' phones.”
Search warrants were executed on multiple premises, a small pharmacy, and on one horse, Adams said. He added that the “fruits of the grand jury investigations” also include bank records and that a number of electronic devices were seized, including cell phones, computers, hard drives and thumb drives.
“The investigation also continues,” said Adams, suggesting more indictments are possible. “As part of what I will describe as discovery, there are still documents and records coming in to the government from various parties…quite a queue of electronic devices still within the FBI's control for which warrants have been obtained. Imaging and pertinence reviews will take some time.”
In addition, Adams said, “There are a number of post-arrest statements” from defendants. He said the prospect of early dispositions of some cases could determine whether there are superseding indictments of additional individuals.
Phase two of discovery, Adams said, will include “other kinds of business records, paper documents that we have on hand as well as audio files of (telephone) intercepts and consensual recordings.” That information will take about one month to compile and distribute to the defendants and their attorneys, he said.
Adams called the third and final phase of discovery “more time consuming” because it involves extraction of electronic records from the various devices seized and the FBI's review “pursuant to any warrant that applies” to the devices.
“Realistically, it will take six months to complete,” Adams said. “In light of the volume and the manpower constraints (due to the COVID-19 disruptions), I think that's a realistic estimate.”
Robert Baum, attorney for defendant Alexander Chan, said there may be “tens of thousands of conversations” to review from the wiretaps. “We are hopeful we will have a reasonable opportunity to review the discovery,” he said.
Adams, who said the investigation began “several years ago,” indicated there is a year's worth of wiretapped phone conversations, with “between three to four phones intercepted at once. Certain phones were picked up early in the case, dropped, and spun off to other defendants' phones.”
Search warrants were executed on multiple premises, a small pharmacy, and on one horse, Adams said. He added that the “fruits of the grand jury investigations” also include bank records and that a number of electronic devices were seized, including cell phones, computers, hard drives and thumb drives.
“The investigation also continues,” said Adams, suggesting more indictments are possible. “As part of what I will describe as discovery, there are still documents and records coming in to the government from various parties…quite a queue of electronic devices still within the FBI's control for which warrants have been obtained. Imaging and pertinence reviews will take some time.”
In addition, Adams said, “There are a number of post-arrest statements” from defendants. He said the prospect of early dispositions of some cases could determine whether there are superseding indictments of additional individuals.
Phase two of discovery, Adams said, will include “other kinds of business records, paper documents that we have on hand as well as audio files of (telephone) intercepts and consensual recordings.” That information will take about one month to compile and distribute to the defendants and their attorneys, he said.
Adams called the third and final phase of discovery “more time consuming” because it involves extraction of electronic records from the various devices seized and the FBI's review “pursuant to any warrant that applies” to the devices.
“Realistically, it will take six months to complete,” Adams said. “In light of the volume and the manpower constraints (due to the COVID-19 disruptions), I think that's a realistic estimate.”
Robert Baum, attorney for defendant Alexander Chan, said there may be “tens of thousands of conversations” to review from the wiretaps. “We are hopeful we will have a reasonable opportunity to review the discovery,” he said.
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