Case 3:18-cr-04683-GPC Document 237 Filed 06/09/21 PageID.2415 Page 1 of 5
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`Gary S. Lincenberg - State Bar No. 123058
` glincenberg@birdmarella.com
`Nicole R. Van Dyk – State Bar No. 261646
` nvandyk@birdmarella.com
`Darren L. Patrick - State Bar No. 310727
` dpatrick@birdmarella.com
`BIRD, MARELLA, BOXER, WOLPERT, NESSIM,
`DROOKS, LINCENBERG & RHOW, P.C.
`1875 Century Park East, 23rd Floor
`Los Angeles, California 90067-2561
`Telephone: (310) 201-2100
`Facsimile: (310) 201-2110
`
`Attorneys for Defendant Petr Pacas
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`UNITED STATES OF AMERICA,
` CASE NO. 3:18-cr-04683-GPC-4
`
`
`UNOPPOSED MOTION FOR
`Plaintiff,
`ORDER APPROVING TRAVEL
`
`REQUEST
`vs.
`
`
`PETR PACAS,
`Filed Concurrently with Declaration of
`
`Darren L. Patrick and [Proposed] Order
`Defendant.
`
`
`Assigned to Hon. Gonzalo P. Curiel
`
`
`
`
`Defendant Petr Pacas, by and through his counsel of record, hereby submits
`this Unopposed Motion for an order modifying Mr. Pacas’s bond conditions to
`permit him to travel to the Czech Republic to visit his family in June 2021 with a
`return date on or before July 15, 2021, so long as Mr. Pacas provides his Pretrial
`Services Officer with a copy of his travel itinerary to the Czech Republic and calls
`Pretrial Services both prior to departure and immediately upon his return. The basis
`for this unopposed motion is as follows:
`1.
`On October 31, 2018, Mr. Pacas and co-defendants Jacob Bychak,
`Mark Manoogian, and Mohammed Abdul Qayyum were charged in a 10-count
`indictment for conspiracy to commit violations of the wire fraud statute (18 U.S.C.
`§ 1343) and the CAN-SPAM Act (18 U.S.C. § 1037(a)(5)). (Dkt. 1.)
`2.
`On November 5, 2018, Mr. Pacas was arraigned and released on a
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`Case 3:18-cr-04683-GPC Document 237 Filed 06/09/21 PageID.2416 Page 2 of 5
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`$50,000 appearance bond secured by his signature. As a condition of release, his
`travel was restricted to San Diego County, the Central District of California, and the
`state of Utah at the discretion of his Pretrial Services Officer. (Dkt. 24.)
`3.
`This Court previously approved Mr. Pacas’s request to travel to the
`Czech Republic and Austria from December 20, 2018, through January 3, 2019.
`(Dkt. 43.) Mr. Pacas departed and returned on the approved dates as instructed
`without incident.
`4.
`This Court previously approved Mr. Pacas’s request to travel to Hawaii
`from September 24, 2019, through October 2, 2019. (Dkt. 124.) Mr. Pacas departed
`and returned on the approved dates as instructed without incident.
`5.
`This Court previously approved Mr. Pacas’s request to travel to the
`Czech Republic in June of 2020. (Dkt. 156.) Mr. Pacas departed and returned on
`the approved dates as instructed without incident.
`6.
`Trial is currently set in this matter for November 30, 2021.
`7.
`On June 7, 2021, Mr. Pacas’s counsel contacted Pretrial Services
`Officer Russell Parris by email to confirm that he had no objection to the request to
`allow Mr. Pacas to travel to the Czech Republic in June of 2020 with a return date
`on or before July 15, 2021, so long as Mr. Pacas provides Pretrial Services with a
`copy of his travel itinerary and calls Pretrial Services both prior to departure and
`immediately upon his return. Mr. Russell expressed no objection. (See Patrick
`Decl. ¶ 4, Ex. A.)
`7.
`On June 8, 2021, the government confirmed to defense counsel by
`email that it does not oppose this motion. (See id.)
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`Case 3:18-cr-04683-GPC Document 237 Filed 06/09/21 PageID.2417 Page 3 of 5
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`DATED: June 9, 2021
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`Respectfully submitted,
`
`Gary S. Lincenberg
`Nicole R. Van Dyk
`Darren L. Patrick
`Bird, Marella, Boxer, Wolpert, Nessim,
`Drooks, Lincenberg & Rhow, P.C.
`
`
`s/ Darren L. Patrick
`Darren L. Patrick
`
`Attorneys for Defendant Petr Pacas
`
`By:
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`3722999.1
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`Case No. 3:18-cr-04683-GPC-4
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`Case 3:18-cr-04683-GPC Document 237 Filed 06/09/21 PageID.2418 Page 4 of 5
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`CERTIFICATE OF SERVICE
`Counsel for Defendant certifies that the foregoing pleading has been
`
`electronically served on the following parties by virtue of their registration with the
`CM/ECF system:
`
`Ashley E. Goff
`Assistant U.S. Attorney
`Email: ashley.goff@usdoj.gov
`
`Sabrina L. Feve
`Assistant U.S. Attorney
`sabrina.feve@usdoj.gov
`
`Melanie K. Pierson
`Assistant U.S. Attorney
`melanie.pierson@usdoj.gov
`
`Candina S. Heath
`U.S. Department of Justice
`Email: candina.heath2@usdoj.gov
`
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`3722999.1
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`Case 3:18-cr-04683-GPC Document 237 Filed 06/09/21 PageID.2419 Page 5 of 5
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`DATED: June 9, 2021
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`Respectfully submitted,
`
`Gary S. Lincenberg
`Nicole R. Van Dyk
`Darren L. Patrick
`Bird, Marella, Boxer, Wolpert, Nessim,
`Drooks, Lincenberg & Rhow, P.C.
`
`By:
`
`s/ Darren L. Patrick
`Darren L. Patrick
`
`Attorneys for Defendant Petr Pacas
`
`3722999.1
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`Case No. 3:18-cr-04683-GPC-4
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`UNOPPOSED MOTION FOR ORDER APPROVING TRAVEL REQUEST
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