Case 1:19-cr-10080-NMG Document 1373 Filed 07/10/20 Page 1 of 20
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`United States of America,
`
` Plaintiff,
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` v.
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`Sidoo et al,
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` Defendants.
`
`
`United States District Court
`District of Massachusetts
`)
`)
`)
`)
`)
`) Criminal Action No.
`) 19-10080-NMG
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`)
`)
`)
`
`
`
`MEMORANDUM & ORDER
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`
`GORTON, J.
`
`The government has charged Robert Zangrillo, as well as
`multiple co-defendants, with conspiring with William “Rick”
`Singer (“Singer”) to obtain the fraudulent admission of his
`children to elite universities. Zangrillo has moved to dismiss
`Counts One and Four of the Indictment and to strike or, in the
`alternative, sever those counts. For the following reasons,
`those motions will be denied.
`I.
`Background
`
`A. Facts
`
`The facts of this case have been extensively recited
`several times by this Court. See Docket Nos. 1169 and 1334.
`Additional facts specific to Defendant Zangrillo have been forth
`out by Magistrate Judge Kelley in Docket No. 913. As previously
`recounted, defendants are charged with conspiring with Singer
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`to, inter alia, fabricate applications, falsify academic and
`athletic credentials, cheat on standardized tests, make payments
`to corrupt exam proctors and bribe university employees and
`athletic coaches.
`Relevant here is the distinct conduct of Defendant
`Zangrillo. In addition to engaging in the “side door” scheme,
`the Fourth Superseding Indictment (“FSI”) alleges that Zangrillo
`agreed with Singer to pay a third party to complete online
`classes on behalf of his daughter during two separate college
`application transactions.
`The FSI alleges that, in support of his daughter’s initial
`applications to college, Zangrillo conspired with Singer to have
`a third party complete high school classes on her behalf.
`Later, in support of her application to transfer to a second
`college, Zangrillo engaged Singer to have a third-party complete
`college coursework on her behalf.
`The government alleges that Zangrillo understood that (1)
`the credits earned from those classes would be reflected on his
`daughter’s transcripts; (2) her high-school transcript would be
`submitted as proof of graduation as a prerequisite for college
`admission and matriculation and (3) the credits earned would
`support both college applications.
`In March, 2017, Zangrillo’s daughter was admitted to Boston
`University (“BU”). At that time, she was enrolled at an online
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`high school and needed to complete five classes in order to
`graduate. The FSI alleges that Singer’s associate, Mikaela
`Sanford (“Sanford”) and another person (Co-Conspirator #1)
`completed four of those enrolled courses. In return, the FSI
`alleges that Zangrillo wired $3,109 to The Key, one of Singer’s
`fraudulent entities.
`Later in the summer of 2017, Sanford purportedly attempted
`to have the online high school send the daughter’s transcript to
`BU. Sanford was informed that Zangrillo’s daughter would have
`to complete a class called “Fitness Fundamentals” to fulfill the
`graduation requirements. Sanford is said to have subsequently
`completed that course on behalf of the applicant and requested
`that the high school send the transcript “with proof of
`graduation” to BU. The high school then sent the transcript,
`which included credits from the classes taken by Sanford and Co-
`Conspirator #1 to BU. As payment for Fitness Fundamentals, the
`FSI alleges that Zangrillo wired $2,500 to The Key. Zangrillo’s
`daughter did not ultimately attend BU but instead apparently
`enrolled at a community college.
`The FSI further alleges that, in 2018, Zangrillo agreed
`with Singer to pay $250,000, (including a bribe to Donna Heinel)
`to facilitate his daughter’s transfer to the University of
`Southern California (“USC”) as a purported crew recruit. In
`support of her application to USC, the government asserts that
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`Zangrillo directed Sanford to complete online college classes on
`behalf of his daughter for which he paid over $10,000.
`Transcripts reflecting credits earned in those classes were sent
`to USC.
`Ultimately, and the government contends unbeknownst to
`Zangrillo, Heinel did not present his daughter to USC as a
`potential athlete. The applicant was instead “tagged” as a so-
`called “VIP” and was eventually admitted to the university.
`B. The Indictment
`Count One of the FSI charges Zangrillo with conspiracy to
`commit mail and wire fraud and honest services mail and wire
`fraud, in violation of 18 U.S.C. § 1349. Count Four charges him
`with substantive wire fraud and honest services wire fraud, in
`violation of 18 U.S.C. §§ 1341 and 1346 and 2.
`II. Legal Standard on a Motion to Dismiss
`The Federal Rules of Criminal Procedure provide that an
`indictment must contain “a plain, concise and definite written
`statement of the essential facts constituting the offense
`charged.” Fed. R. Crim. P. 7(c)(1). When considering
`a motion to dismiss in a criminal case, a court accepts the
`factual allegations in the indictment as true. Boyce Motor
`Lines, Inc. v. United States, 342 U.S. 337, 343 n.16 (1952).
`Such a motion is properly directed only to the question of the
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`validity of the indictment on its face and Courts are to be
`mindful that
`the question is not whether the government has presented
`enough evidence to support the charge, but solely whether the
`allegations in the indictment are sufficient to apprise the
`defendant of the charged offense.
`United States v. Ngige, 780 F.3d 497, 502 (1st Cir.
`2015) (citation omitted). It is typically sufficient that an
`indictment articulate the offense in “the words of the statute
`itself as long as those words set forth all the elements of the
`offense without any uncertainty or ambiguity.” United States v.
`Brown, 295 F.3d 152, 154 (1st Cir. 2002)(citation omitted). An
`indictment is ripe for dismissal if the facts demonstrate that,
`as a matter of law, the prosecution will not be able to prove
`each of the elements of the charged offense. United
`States v. Huet, 665 F.3d 588, 596-97 (3d Cir. 2012).
`III. Motion to Dismiss Counts One and Four
`A. Duplicity
`Zangrillo first contends that by charging him with (1) wire
`fraud and conspiracy to commit wire fraud in connection with the
`class-taking scheme and (2) honest services fraud and conspiracy
`to commit honest services fraud in connection with the bribery
`scheme, Counts One and Four are duplicitous and must be
`dismissed. The government responds that Counts One and Four do
`not allege distinct offenses, rather they allege multiple means
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`of committing a single offense and the indictment is therefore
`not subject to dismissal.
`An indictment may not “join[], in a single count, two or more
`distinct offenses.” United States v. Prieto, 812 F.3d 6, 11 (1st
`Cir. 2016). The prohibition on duplicity is meant to guard
`against two outcomes:
`(1) that a criminal defendant facing such an indictment might
`not know which charge to prepare to defend against . . .
`[and]
`(2) that a jury could find a defendant guilty without
`actually reaching unanimity
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`Id. (citations omitted).
`
`An indictment is not, however, “duplicitous if it merely
`describes alternative ways of committing a single offense.” 1A
`Charles Alan Wright & Arthur R. Miller, Federal Practice and
`Procedure § 143 (5th ed. 2020). In a single count an indictment
`may allege two (or more) means of committing a singular offense.
`See United States v. Verrecchia, 196 F.3d 294, 297 (1st Cir.
`1999); United States v. Goldberg, 913 F. Supp. 629, 635 (D.
`Mass. 1996). Recast, a count in an indictment is defective only
`if it charges two separate offenses.
`This Court has previously held that, on its face, the FSI
`adequately alleges a single conspiracy, the existence of which
`is a factual question for the jury. As this Court discussed
`elsewhere at some length, a conspiracy may be multifaceted or
`contain multiple components but may still be properly charged as
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`a single overarching scheme. See Docket No. 1334 (citing United
`States v. Holt, 777 F.3d 1234, 1263 (11th Cir. 2015); Prieto 812
`F.3d at 11. A related analysis applies to Zangrillo’s duplicity
`claims.
`A single count may allege that a defendant committed an
`offense “by one or more specified means.” Fed. R. Crim P.
`7(c)(1). The FSI alleges that Zangrillo and the other
`defendants conspired in one overarching scheme to secure the
`admission of their children to prestigious colleges and
`universities through various means including bribery, fraud and,
`in Zangirllo’s case, fraudulent class taking. Fraudulent class
`taking, along with falsifying academic and athletic credentials,
`cheating on standardized tests and bribing university employees,
`is simply one of several means of achieving the goal of the
`conspiracy, not a distinct offense. Counts One and Four of the
`FSI are therefore not subject to dismissal on duplicity grounds.
`
`Zangrillo’s concern that he could be convicted without a
`unanimous verdict on either class taking or honest services
`bribery is unavailing because, contrary to his assertion,
`fraudulent class taking and bribery are not separate offenses
`but rather separate means of accomplishing the same end. A jury
`need only be unanimous that the charged offense was proved, it
`need not be unanimous with respect to the means. See United
`States v. LaPlante, 714 F.3d 641, 647 (1st Cir. 2013).
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` Finally, as the Court previously noted, district courts
`consistently (and properly) rebuff defendants’ efforts to
`dismiss conspiracy allegations based on claims of duplicity.
`See, e.g., United States v. Gabriel, 920 F. Supp. 498, 503-04
`(S.D.N.Y. 1996). Zangrillo’s motion to dismiss Counts One and
`Four for duplicity will therefore be denied.
`B. The Class-Taking Scheme
`
`Zangrillo next contends that the class cheating scheme
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`cannot constitute wire fraud because (1) a college admissions
`slot is not a cognizable form of property, (2) cheating in
`online classes was immaterial and (3) Boston University was not
`defrauded by the alleged class-taking scheme.
`1. Property
`
`For reasons previously explained, this Court has determined
`that so-called “application slots” are property of a university
`cognizable under the mail and wire fraud statutes. The
`reasoning articulated in the context of defendants’ prior
`motions to dismiss applies here.
`The FSI charges the defendants with an over-arching
`conspiracy to have their children fraudulently admitted to elite
`universities thereby depriving the university of property in the
`form of admissions slots. The FSI alleges that Zangrillo
`engaged in the class-taking scheme, which included the
`submission of fraudulent transcripts, as one method of
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`effectuating that fraud. Consequently, the FSI properly alleges
`wire fraud. Finally, the Court notes that, contrary to
`Zangrillo’s contention, hiring a third party to complete
`coursework is plainly distinguishable, both in degree and kind,
`from one student copying the work of another or cribbing from
`Wikipedia.
`2. Materiality
`Zangrillo next maintains that the class-taking scheme was
`not material to the admissions decisions of either BU or USC and
`therefore Zangrillo’s alleged conduct cannot constitute wire
`fraud. In short, he submits that any fraudulent class taking
`was too remote from the subject admissions decisions for it to
`be material to the alleged fraud.
`In determining materiality, the relevant analysis turns on
`whether the alleged fraudulent conduct “was capable of
`influencing a decision, not whether it did, in fact, influence a
`decision.” United States v. DeNunzio, No. CR 14-10284-NMG, 2015
`WL 5305226, at *6 (D. Mass. Sept. 9, 2015). Moreover, in
`general, materiality is a question for the jury. See id.; United
`States v. Weed, 873 F.3d 68, 73 (1st Cir. 2017); United States
`v. Sharp, 749 F.3d 1267, 1280 (10th Cir. 2014).
`The FSI alleges that the fraudulent transcripts (generated
`by the class-taking scheme) were a material part of the over-
`arching conspiracy whereby Zangrillo and the other defendants
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`paid others, via Singer, to have their children fraudulently
`admitted into college. Whether those purported acts were
`committed before or after Zangrillo’s daughter’s admission to
`BU, is irrelevant if, as the FSI alleges, they were in
`furtherance of the larger admissions scheme.
`The FSI charges that the class cheating scheme was material
`to the decisions of BU and USC. Because, with respect to a
`motion to dismiss, the Court is to construe the allegations in
`an indictment as true, analysis of the materiality of the
`fraudulent transcripts is properly left to the jury. See
`DeNunzio, 2015 WL 5305226, at *5 (noting that the “ultimate
`determination of the materiality of [a] defendant[‘s] purported
`misrepresentation is for the jury to determine after hearing all
`of the evidence during trial.”)
`3. Boston University
`
`Finally, Zangrillo maintains that Count Four should be
`dismissed because his daughter was admitted to BU before the
`class-taking scheme is alleged to have begun. Zangrillo
`concludes that BU was not, therefore, defrauded. The government
`rejoins that BU’s offer of admission was contingent on the
`submission of transcripts demonstrating that Zangrillo’s
`daughter actually graduated from high school. When Zangrillo
`submitted the fraudulent transcript, the government maintains he
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`used a wire communication in furtherance of a scheme to defraud
`and Count Four properly alleges wire fraud.
`The wire fraud statute proscribes electronic use “for the
`purpose, or in furtherance, of executing [a] scheme to defraud.”
`United States v. Hebshie, 549 F.3d 30, 36 (1st Cir. 2008). As
`articulated by the First Circuit, “the in-furtherance
`requirement is to be broadly read and applied.” Id. To
`constitute wire fraud, a wire sent in furtherance of a
`fraudulent scheme need not be central to the scheme, rather it
`need only to be connected to the scheme. See United States v.
`Pimental, 380 F.3d 575, 587 (1st Cir. 2004).
`Relevant here, a wire may be considered to be “in
`furtherance” of a scheme to defraud even after a defendant has
`achieved the money or property which was the object of the
`fraud. See United States v. O’Brien, 994 F. Supp. 2d 167, 180
`(D. Mass. 2014). The determinative question is not the timing
`or sequence of events but, “whether the mailing [or wiring] is
`part of the execution of the scheme as conceived by the
`perpetrator at the time.” Schmuck v. United States, 489 U.S.
`705, 715 (1989); see also United States v. Lo, 231 F.3d 471, 478
`(9th Cir. 2000)(noting that “the issue is not one purely of time
`sequence.”)
`The FSI alleges that Zangrillo paid Singer to have others
`take online courses in place of his daughter. Those courses
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`appeared on his daughter’s transcript which was then submitted
`by wire to BU. The FSI alleges that BU’s admission of
`Zangrillo’s daughter was predicated on submission of those
`transcripts as proof of graduation. The FSI therefore
`sufficiently alleges that when Zangrillo submitted the
`transcript in the summer of 2017 he did so as part of the larger
`fraud and in furtherance of the fraudulent scheme. That BU had
`conditionally admitted his daughter prior to transmission of the
`fraudulent transcript does not subject the indictment to
`dismissal.
`IV. Motion to Strike Class-Taking Allegations or,
`Alternatively, to Sever
`Zangrillo next moves to strike the class-taking allegations,
`or, in the alternative, to sever his trial from those of his co-
`defendants.
`A. Motion to Strike
`
`Zangrillo first maintains that, because the class-taking
`scheme does not constitute wire fraud, references to it in the
`FSI are prejudicial surplusage and should be struck. Fed. R.
`Crim P. 7(d), which allows a court to strike surplusage from an
`indictment,
`serves to protect the defendant against immaterial or
`irrelevant allegations in an indictment . . . which may . . .
`be prejudicial.
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`United States v. Lewis, 40 F.3d 1325, 1346 (1st Cir. 1994). A
`motion to strike is subject to an exacting standard and should
`be granted “only if the allegations are inflammatory,
`prejudicial, and irrelevant to the crime charged. . . .” United
`States v. Sawyer, 878 F. Supp. 279, 294 (D. Mass. 1995), aff'd,
`85 F.3d 713 (1st Cir. 1996)(internal quotation omitted)
` As previously discussed, the FSI alleges that the submission
`of fraudulent transcripts (which stemmed from the class-taking
`scheme) was one means of effecting the single larger conspiracy
`and is properly alleged to constitute wire fraud. The facts
`relevant to the submission of the transcripts, including the
`circumstances of the class-taking scheme, are therefore relevant
`and not surplusage.
`B. Severance
`Zangrillo next submits that the class-taking scheme is
`separate from the bribery scheme and therefore the allegations
`of class taking should be severed to avoid undue prejudice.
`1. Fed. R. Crim. P. 8
`Rule 8 of the Federal Rules of Criminal Procedure governs
`joinder of offenses or defendants. As an initial matter,
`Zangrillo and the government disagree about whether subsection
`(a) or (b) of that rule should apply in this case. Rule
`8(a) applies to the joinder of multiple alleged offenses by a
`singular defendant while Rule 8(b) applies to joinder of two or
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`more defendants. See United States v. Rivera-Hernandez, No. CR
`18-605 (FAB), 2020 WL 858613, at *6 (D.P.R. Feb. 20, 2020). The
`two standards are “nearly the same” and permit joinder (of
`offenses or defendants) “when a transactional nexus exists
`between the offenses or defendants to be joined.” United States
`v. Eufrasio, 935 F.2d 553, 570 n.20 (3d Cir. 1991). The Court
`need not determine which subsection controls because applying
`either engenders the same result.
`Rule 8(a) permits the joinder of two or more criminal
`offenses if the offenses:
`are of the same or similar character, or are based on the
`same act or transaction, or are connected with or
`constitute parts of a common scheme or plan.
`
`The rule’s “joinder provision is generously construed in favor
`of joinder. . . .” United States v. Randazzo, 80 F.3d 623, 627
`(1st Cir. 1996). When determining whether counts are properly
`combined for trial, the First Circuit has held that appropriate
`factors to consider include (1) whether the charges are brought
`under the same statute, (2) whether they involve similar
`victims, locations or modes of operation, and (3) the time frame
`in which the charged conduct occurred. United States v. DeLeon,
`No. CRIM 07-10277-NMG, 2008 WL 4610292, at *2 (D. Mass. Oct. 16,
`2008); United States v. Taylor, 54 F.3d 967, 973 (1st Cir.1995).
`
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`Under Rule 8(b):
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`The indictment or information may charge 2 or more
`defendants if they are alleged to have participated in the
`same act or transaction, or in the same series of acts or
`transactions, constituting an offense or offenses. The
`defendants may be charged in one or more counts together or
`separately. All defendants need not be charged in each
`count.
`The First Circuit recognizes two requirements for proper
`joinder under Rule 8(b): (1) the offenses in question must
`constitute a series of acts or transactions and (2) a showing
`that joining the defendants is of benefit to the
`government. United States v. Barbosa, 666 F.2d 704, 707–08 (1st
`Cir. 1981).
`For joinder of multiple counts to be suitable, a “rational
`basis . . . should be discernible from the face of the
`indictment.” United States v. Natanel, 938 F.2d 302, 306 (1st
`Cir. 1991). Further, for joinder to be proper it is “settled
`that a conspiracy count can forge the needed linkage.” Id. at
`307. Although some common activity between defendants is
`required, joinder may be apt “even when the objecting defendant
`is only connected to one part of [a] scheme.” United States v.
`Azor, 881 F.3d 1, 11 (1st Cir. 2017).
`The charged offenses, including class taking, are
`sufficiently related to constitute a “series of transactions.”
`See United States v. Prange, 922 F. Supp. 2d 127, 129 (D. Mass.
`2013). The scheme involved common participants, entities and
`victims. The submission of fraudulent transcripts was, similar
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`to the alleged bribery, one means of effecting the single larger
`conspiracy to commit wire fraud and not a district scheme. A
`rational basis for joinder is therefore apparent from the
`indictment.
`In short, the allegations in the FSI all relate to a common
`scheme and describe a series of acts or transactions by
`Zangrillo and his co-defendants to have their children
`fraudulently admitted to colleges and universities. Joinder is
`therefore proper under either Fed. R. Crim. P 8(a) or 8(b).
`2. Severing Class Taking Allegations Pursuant to
`Rule 14
`
`Zangrillo next asserts that the class taking allegations
`should be severed because trying those counts alongside the
`bribery scheme would cause him undue prejudice.
`Pursuant to Fed. R. Crim. P. 14 a “trial judge has
`discretion to order severance of counts. . . to avoid undue
`prejudice.” Randazzo, 80 F.3d at 627. When assessing a motion
`to sever, a Court weighs the prejudice resulting from “a single
`trial of [multiple] counts against the expense and inconvenience
`of separate trials” United States v. Hollis, 971 F.2d 1441,
`1456 (10th Cir. 1992). Severance is warranted only if the
`defendant can demonstrate that he will be subject to “prejudice
`so pervasive that it would be likely to effect a miscarriage of
`justice.” United States v. DeLeon, 187 F.3d 60, 63 (1st
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`Cir.1999); see also United States v. Richardson, 515 F.3d 74, 81
`(1st Cir. 2008).
` As explained by the First Circuit, there are three kinds of
`prejudice which may result from trying a defendant on multiple
`offenses during the same trial:
`(1) the defendant may become embarrassed or confounded in
`presenting separate defenses; (2) proof that defendant is
`guilty of one offense may be used to convict him of a second
`offense, even though such proof would be inadmissible in a
`separate trial for the second offense; and (3) a defendant may
`wish to testify in his own behalf on one of the offenses but
`not another, forcing him to choose the unwanted alternative of
`testifying as to both or testifying as to neither.
`
`United States v. Scivola, 766 F.2d 37, 41-42 (1st Cir. 1985)
`(citations omitted).
`
`Zangrillo maintains that the second form of prejudice would
`result in this case. He claims that evidence regarding alleged
`class cheating might be inadmissible (pursuant to Fed. R. Evid.
`404(b)) in a separate trial concerning the bribery scheme. As
`the government points out yet again, however, the class-taking
`and the bribery are not separate offenses, they are two
`components of the same over-arching scheme.
`The class-taking scheme and the bribery scheme are not
`unrelated. As the Court has already explained, the FSI properly
`alleges that both were a means to a single fraudulent end and
`constitute a single conspiracy. Consequently, Zangrillo’s
`evidentiary argument is unfounded and he has not demonstrated he
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`will suffer the severe degree of prejudice that would warrant
`severance.
`
`3. Severing Trial Pursuant to Rule 14
`
`Finally, Zangrillo argues that his trial should be severed
`from that of his co-defendants because (1) he is the only
`defendant charged with the class-taking scheme and (2) his
`daughter was actually admitted to USC as a “VIP” applicant
`rather than as a would-be athlete.
`In considering a motion to sever pursuant to Fed. R. Crim. P.
`14 the protocol in the First Circuit is that:
`those indicted together are tried together to prevent
`inconsistent verdicts and to conserve judicial and
`prosecutorial resources. . . .
`
`United States v. Soto–Beniquez, 356 F.3d 1, 29 (1st Cir. 2004).
`
`In conspiracy cases, the preference for a joint trial is
`“particularly strong.” United States v. DeNunzio, No. CRIM.A.
`14-10284, 2015 WL 2226251, at *3 (D. Mass. May 12, 2015); see
`also United States v. Floyd, 740 F.3d 22, 37 (1st
`Cir.2014)(noting that “[d]emonstrating unfair prejudice
`sufficient to require severance of coconspirators' trials is a
`difficult battle for a defendant to win”)(citation and internal
`quotations omitted).
`
`That Zangrillo’s daughter was admitted to USC as a “VIP”
`does not alter the fact that Zangrillo, like the other co-
`defendants, is alleged to have conspired with Singer to have his
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`daughter admitted as an accomplished athlete. The FSI alleges
`that Zangrillo participated in the same “side door” fraud
`conspiracy as the other defendants. Moreover, the FSI alleges
`that defendants paid bribes not only to have their children
`admitted as purported athletes but also to have them admitted
`“as members of other favored admissions categories.”
`As the government notes, in a conspiracy,
`
`virtually all the evidence relating to the other
`conspirators [is] also directly relevant to, and,
`therefore, independently admissible in, the prosecution's
`case against [the defendant moving for severance]
`
`United States v. Flores-Rivera, 56 F.3d 319, 325 (1st Cir.
`1995).
`
`Evidence pertinent to the “side door” scheme as a whole,
`Singer’s operation, his associates, USC admissions practices,
`etc., are all relevant to the charges against Zangrillo and his
`co-conspirators.
`The Court has grouped the defendants for trial based on
`their conduct to avoid prejudice. That Zangrillo is the only
`defendant alleged to have participated in class taking (as part
`of the larger scheme) will not subject him to undue prejudice.
`To the extent that any potential prejudicial spillover could
`occur, the Court will consider appropriate limiting instructions
`to the jury. See United States v. Candelario-Santana, 834 F.3d
`8, 24 (1st Cir. 2016) (noting that “a trial court can safeguard
`a defendant from potentially prejudicial spillover by delivering
`- 19 -
`
`
`
`

`

`Case 1:19-cr-10080-NMG Document 1373 Filed 07/10/20 Page 20 of 20
`
`jury instructions as to the admissibility of the evidence.”);
`see also United States v. Babich, No. 16-CR-10343-ADB, 2019 WL
`163102, at *3 (D. Mass. Jan. 10, 2019). Accordingly, the Court
`will not sever Zangrillo’s trial from the trial of his co-
`conspirators.
`
`
`ORDER
`
`The motions of Defendant Zangrillo to Dismiss Counts One
`and Four (Docket No. 1043) and to Strike the Class-Taking
`Allegations (Docket No. 1045) are DENIED. The alternative
`request of defendant Zangrillo to sever his trial is also
`DENIED.
`
`
`
`
`So ordered.
`
`
`
`
`
`
`
`
`
`
`
`Dated July 10, 2020
`
`
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`
`
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`
`
`
`
` /s/ Nathaniel M. Gorton
` Nathaniel M. Gorton
` United States District Judge
`
`- 20 -
`
`

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