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No. 689 MEMORANDUM by Rishi Shah in support of MOTION by Rishi Shah to exclude as to Ashik Desai, Rishi ...

Document USA v. Desai, 1:19-cr-00864, No. 689 (N.D.Ill. Apr. 2, 2024)
Motion to Exclude
“Motion”), taken legal and factual positions in his litigation of that Motion, and engaged in significant preparations for the evidentiary hearing on the Motion—all based on the Government’s repeated concessions and representations that more than half the distributions held by Company B constituted untainted property.
Whether viewed as waiver, forfeiture, law of the case, or judicial or equitable estoppel, it would be fundamentally unfair to Mr. Shah to permit the Government to pull the rug out from under him at this late stage, where he has structured both his litigation strategy and the funding of his continued defense on the basis of the Government’s prior concessions and representations.
Mr. Shah’s counsel initially opposed that approach, but Mr. Shah ultimately acceded to the Government’s suggestion in the interest of avoiding further litigation to determine what specific portions of the assets held by any of the restrained entities were traceable to criminal proceeds prior to their release.
Mr. Shah further relied on those concessions, which the Government repeated almost too many times to count, in crafting his litigation strategy with respect to the Motion, including the specific documents he requested from third parties and the arguments that his counsel made in opening statement, all prior to the Government’s announcement of its change in position.
Instead, this Court should apply the principles of waiver, forfeiture, law of the case, and estoppel described above in order to ensure the “fairness, integrity, and honor in the operation of the criminal justice system” that the Due Process Clause requires.
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No. 488 MOTION by Shradha Agarwal for new trial (dismiss indictment or for new trial) (Attachments: ...

Document USA v. Desai, 1:19-cr-00864, No. 488 (N.D.Ill. Jul. 14, 2023)
Motion for New Trial
As a result of the Court's order, Ms. Agarwal was denied the use of more than $3.8 million she had provided to McGuire Woods as fees for representation at trial.
Exhibit A at 1 ¶ 2; see Doc. 468 at 12 ¶ 4 (preliminary order of forfeiture refers to "funds in the amount of $3,816,824.52 turned over to the FBI from [McGuire Woods] on July 13, 2020").
Given the denial of the motion to amend the protective order, Ms. Agarwal does not have the funds to continue to retain her current counsel, McGuire Woods, which has represented her for almost two year.”) (emphasis added).
The evidence at the hearing established that substantial assets the government persuaded the Court to freeze pretrial were not traceable to the alleged fraud offenses with which Mr. Shah and Ms. Agarwal were charged.
2d 390, 409-15 (S.D.N.Y. 2007) (defendants' right to due process violated by same conduct), aff'd on other grounds, 541 F.3d 130 (2d Cir. 2008).The Indictment should be dismissed and her convictions vacated, or in the alternative, Ms. Agarwal should receive a new trial, at which she can use the substitute assets to fund her defense.
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No. 487 MOTION by Shradha Agarwal for judgment of acquittal, or alternatively, for a new trial (Blegen, ...

Document USA v. Desai, 1:19-cr-00864, No. 487 (N.D.Ill. Jul. 14, 2023)
Motion for Judgment of Acquittal
None of these communications can rationally be viewed as having been made "for the purpose of executing" the scheme to defraud charged in Count 1.
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No. 229 AMENDED Protective Order Governing Discovery as to Ashik Desai, Rishi Shah, Shradha Agarwal, ...

Document USA v. Desai, 1:19-cr-00864, No. 229 (N.D.Ill. Feb. 3, 2022)
Motion for Protective Order
Nothing in this Order shall be construed to limit the SEC’s or Defendants’ use of documents the SEC obtained from sources other than the Department of Justice.
Defendants, defendants counsel, and authorized persons shall not disclose any notes or records of any kind that they make in relation to the contents of the materials, other than to authorized persons, and all such notes or records are to be treated in the same manner as the original materials.
The materials may be (1) destroyed; (2) returned to the United States; or (3) retained in defense counsel's case file.
The restrictions set forth in this Order do not apply to documents that are or become part of the public court record, including documents that have been received in evidence at other trials, nor do the restrictions in this Order limit defense counsel in the use of discovery materials in judicial proceedings in this case.
Nothing contained in this Order shall preclude any party from applying to this Court for further relief or for modification of any provision hereof.
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No. 347 STATUS REPORT re: Transcripts and Proposed Briefing Schedule by USA as to Edward Lee Filer ...

Document USA v. Filer et al, 1:19-cr-00565, No. 347 (N.D.Ill. Mar. 1, 2024)
Pursuant to the Court’s direction at the hearing held February 21, 2024, the UNITED STATES OF AMERICA, by and through its attorney, TIMOTHY M. O’SHEA, United States Attorney for the Western District of Wisconsin, respectfully submits the following status report.
The government has thus far obtained transcripts of the colloquy portions of the grand jury proceedings for the following dates: 7/26/2018 8/2/2018 8/9/2018 8/23/2018 9/20/2018 10/4/2018 6/13/2019 6/27/2019 7/11/2019 11/21/2019 12/5/2019 1/30/2020
These transcripts are being processed for production and the government expects to tender them to defense counsel on or around March 6, 2024.
The government has ordered, and anticipates it will receive within the next week or so, transcripts of the remaining colloquies, which occurred on 10/25/2018, 4/4/2019, and 2/6/2020.
These remaining transcripts will be tendered to defense counsel after they are electronically processed for production, which will take approximately 7 days from the date of receipt.
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No. 668 WITHDRAWAL of Assistant Chief William Johnston (Johnston, William) Modified on 3/1/2024 (ecw, ...

Document USA v. Desai, 1:19-cr-00864, No. 668 (N.D.Ill. Feb. 23, 2024)
Please take notice that Fraud Section Assistant Chief William Johnston is no longer
assigned to this case.
By: Respectfully submitted,
Acting United States Attorney s/ Corey Rubenstein Corey Rubenstein Assistant United States Attorney 219 S. Dearborn Street Chicago, Illinois 60604 (312) 469–6045
Chief, Fraud Section Criminal Division U.S. Department of Justice s/ William Johnston William Johnston Assistant Chief 1400 New York Ave NW Washington, D.C. 20530
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No. 466 MOTION by USA for forfeiture as to Shradha Agarwal (Unopposed Motion for Entry of Preliminary ...

Document USA v. Desai, 1:19-cr-00864, No. 466 (N.D.Ill. Jun. 15, 2023)
The following property is to be applied toward satisfaction of the personal money judgment: a. All right, title, and interest in Investment Fund A, held in the name of Jumpstart Ventures II, LLC, including, but not limited to, approximately $60,000.00 in capital contributions submitted on or around May 31, 2018; b.
Specifically, the following accounts shall be liquidated and distributed as follows: a. All right, title, and interest in Investment Fund A, held in the name of Jumpstart Ventures II, LLC, including, but not limited to, approximately $60,000.00 in capital contributions submitted on or around May 31, 2018; b.
Funds in the amount of $194,616.25 seized on July 8, 2021, and all remaining right, title, and interest in Investment Company C, held in the name of Jumpstart Ventures II, LLC, including, but not limited to, $50,000 in capital contributions submitted on or about January 5, 2017; y.
Following the Court’s disposition of all third party interests, the Court shall, upon the government=s motion, if appropriate, enter a final order of forfeiture as to the subject property which shall vest clear title in the United States of America.
cannot be located upon the exercise of due diligence; have been transferred or sold to, or deposited with, a third-party; have been placed beyond the jurisdiction of the Court; have been substantially diminished in value, or have been commingled with other property which cannot be divided without difficulty;
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No. 332 NOTICE of Defendant's Overview of Pending Motions as toEdward Lee Filer (Litoff, Eli) (Entered: ...

Document USA v. Filer et al, 1:19-cr-00565, No. 332 (N.D.Ill. Feb. 13, 2024)
... be precluded from offering evidence or argument regarding the bankruptcy proceedings because, in acquitting Mr. Filer of Counts 3–5, Judge Leinenweber unequivocally ruled that Mr. Filer did not “cause” the bankruptcy filings, none ...
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No. 331 NOTICE of Joint Statement Regarding Pending Motions as toEdward Lee Filer (Litoff, Eli) (Entered: ...

Document USA v. Filer et al, 1:19-cr-00565, No. 331 (N.D.Ill. Feb. 13, 2024)
In this Court’s February 12, 2024 Minute Order (Dkt. 330), the Court stated that “[i]f the
parties believe that it would be especially important to receive a ruling on particular motions before trial, then the parties should file a statement tomorrow and identify them.” Accordingly, the Parties jointly identify the following motions for which it would be especially important to receive a ruling before trial: Defense Motions Defendant Edward Filer’s Rule 12(b)(3)(B)(v) Motion to Dismiss.
a. Dkt. 279 (Motion) b. Dkt. 302 (Response) c. Dkt. 315 (Reply) Defendant Edward Filer’s Motion in Limine No. 1 to Preclude Evidence and Argument on Facts Already Resolved Against the Government in Final, Non-Appealable Rulings.
a. Dkt. 280 (Motion) b. Dkt. 303 (Response) c. Dkt. 316 (Reply) Defendant Edward Filer’s Motion in Limine No. 2 to Enforce Law of the Case.
a. Dkt. 271 (Motion) b. Dkt. 297 (Response) c. Dkt. 311 (Reply) Government’s Motion in Limine For Ruling on Bankruptcy Conduct Relevant to Counts One and Two.
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No. 217 MEMORANDUM Opinion and Order: For the reasons stated herein, the Court vacates its prior ruling ...

Document USA v. Filer et al, 1:19-cr-00565, No. 217 (N.D.Ill. Dec. 14, 2021)
On November 22, 2021, the Seventh Circuit entered an order conditionally remanding this case and instructing the Court to determine whether the Motion for a New Trial should be granted if the judgment of acquittal is vacated or reversed.
The Government then asked the jury to find that Filer, Gereg, and Kelly illegitimately used the extinguished lien to prevent Barsanti Woodwork’s legitimate creditors from receiving their fair share of the company’s assets.
The Court will therefore only grant a Rule 33 motion “where the evidence preponderates so heavily against the defendant that it would be a manifest injustice to let the guilty verdict stand.” United States v. Conley, 875 F.3d 391, 399 (7th Cir. 2017) (quotations and citations omitted).
The Court should have resolved the issues related to the legal operation of the relevant contracts and whether BWC Capital held a valid lien on Barsanti Woodwork’s assets through pretrial motion practice and prior to the presentation of evidence to the jury.
Prior to closing arguments, the Court explained that lack of candor cannot form the basis of a criminal wire fraud but did not forbid the Government from making any reference to its theory that Filer made misrepresentations to Harris Bank while negotiating BWC Capital’s purchase of Barsanti Woodwork’s debt.
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No. 628

Document USA v. Desai, 1:19-cr-00864, No. 628 (N.D.Ill. Dec. 7, 2023)

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No. 626

Document USA v. Desai, 1:19-cr-00864, No. 626 (N.D.Ill. Dec. 5, 2023)

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No. 411

Document USA v. Desai, 1:19-cr-00864, No. 411 (N.D.Ill. Mar. 12, 2023)

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No. 184

Document USA v. Filer et al, 1:19-cr-00565, No. 184 (N.D.Ill. Sep. 23, 2021)

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No. 381

Document USA v. Desai, 1:19-cr-00864, No. 381 (N.D.Ill. Feb. 15, 2023)

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