Case 3:18-cr-04683-GPC Document 486 Filed 07/12/22 PageID.7255 Page 1 of 3
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`BIRD, MARELLA, BOXER,
`WOLPERT, NESSIM, DROOKS
`LINCENBERG & RHOW P.C.
`Gary S. Lincenberg, SBN 123058
`Nicole R. Van Dyk, SBN 261646
`Darren L. Patrick, SBN 310727
`Alexis A. Wiseley, SBN 330100
`1875 Century Park East, Floor 23
`Los Angeles, CA 90067
`Telephone: (310) 201-2100
`Email: glincenberg@birdmarella.com
` nvandyk@birdmarella.com
` dpatrick@birdmarella.com
` awiseley@birdmarella.com
`
`Attorneys for Petr Pacas
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`THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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`Plaintiff,
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`UNITED STATES OF AMERICA,
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`v.
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`JACOB BYCHAK, et al.,
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` Defendants.
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`
`Case No. 18-CR-4683-GPC
`Honorable Gonzalo P. Curiel
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`UNOPPOSED MOTION FOR
`ORDER APPROVING MR.
`PACAS’S TRAVEL REQUEST
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`Filed concurrently with Declaration of
`Alexis A. Wiseley
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`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 countries within the European Union with his family between July
`21, 2022 and August 12, 2022, including all countries through which travel is
`required for flight layovers and any additional days necessitated by flight delays or
`cancellations, so long as Mr. Pacas provides his Pretrial Services Officer with a
`copy of his travel itinerary and calls Pretrial Services both prior to departure and
`3800742.1
`Case No. 18-CR-4683-GPC
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`PETR PACAS'S UNOPPOSED MOTION FOR ORDER APPROVING TRAVEL REQUEST
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`Case 3:18-cr-04683-GPC Document 486 Filed 07/12/22 PageID.7256 Page 2 of 3
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`upon his return. The basis for this unopposed motion is as follows:
`On October 31, 2018, Mr. Pacas and co-defendants Jacob Bychak,
`1.
`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.)
`On November 5, 2018, Mr. Pacas was arraigned and released on a
`2.
`$50,000 appearance bond secured by his signature. As a condition of his 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. 26.) A true and
`correct copy of the November 5, 2018 Pretrial Release Order is attached as Exhibit
`A.
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`This Court previously approved Mr. Pacas’s request to travel to the
`3.
`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.
`This Court previously approved Mr. Pacas’s request to travel to Hawaii
`4.
`from September 24, 2019 through October 2, 2019. (Dkt. 124.)
`This Court previously approved Mr. Pacas’s request to travel to the
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`Czech Republic in June of 2020. (Dkt. 156.) Mr. Pacas was ultimately unable to
`travel in June of 2020 due to the Covid-19 pandemic.
`This Court previously approved Mr. Pacas’s request to travel to the
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`Czech Republic in June of 2021, with a return date on or before July 15, 2021.
`(Dkt. 238.) Mr. Pacas departed and returned on the approved dates as instructed
`without incident.
`This Court previously approved Mr. Pacas’s request to travel to the
`7.
`Czech Republic in December of 2021, with a return date on or before January 15,
`2022. (Dkt. 308.) Mr. Pacas departed and returned on the approved dates as
`instructed without incident.
`3800742.1
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`Case No. 18-CR-4683-GPC
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`PETR PACAS'S UNOPPOSED MOTION FOR ORDER APPROVING TRAVEL REQUEST
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`Case 3:18-cr-04683-GPC Document 486 Filed 07/12/22 PageID.7257 Page 3 of 3
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`3800742.1
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`On May 23, 2022, the trial in this case began and, on June 10, 2022, the
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`Court declared a mistrial. (Dkts. 443, 485.)
`On June 10, 2022, the Court approved the Deferred Prosecution
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`Agreement entered into between the government and Mr. Pacas. (Dkt. 477.)
`Pursuant to that agreement, the United States has agreed to dismiss the charges in
`the Indictment as to Mr. Pacas at the end of the deferral period. (Id. ¶ A.) However,
`Mr. Pacas remains subject to supervision by United States Pretrial Services during
`the deferral period. (Id. ¶ C.2.)
`10. Mr. Pacas’s Deferred Prosecution Hearing is set for June 12, 2023 at
`10:30 AM in Courtroom 2D. Mr. Pacas is required to appear in person unless the
`government moves to dismiss prior to the hearing. (Dkt. 476.)
`11. On July 7 and 8, 2022, Mr. Pacas’s counsel conferred with Mr. Pacas’s
`Pretrial Services Officer, Russell Parris, regarding Mr. Pacas’s travel request. Mr.
`Parris indicated that he will defer to the Court’s ruling.
`12. On July 11, 2022, Mr. Pacas’s counsel conferred by email with
`Assistant United States Attorneys Sabrina Fève and Melanie Pierson, and Computer
`Crime and Intellectual Property Section Senior Counsel for the United States
`Department of Justice Candy Heath, to confirm that they had no objection to Mr.
`Pacas’s travel request. On the same day, Assistant United States Attorney Pierson
`confirmed that the government has no objection. A true and correct copy of the July
`11, 2022 email is attached as Exhibit B.
`Respectfully submitted,
`
` BIRD, MARELLA, BOXER, WOLPERT,
`NESSIM, DROOKS, LINCENBERG &
`RHOW, P.C.
` By: s/ Alexis A. Wiseley
`
`Gary S. Lincenberg
`Nicole Rodriguez Van Dyk
`Darren L. Patrick
`Alexis A. Wiseley
`Attorneys for Petr Pacas
`Case No. 18-CR-4683-GPC
`3
`PETR PACAS'S UNOPPOSED MOTION FOR ORDER APPROVING TRAVEL REQUEST
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`Dated: July 12, 2022
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