UDF EXECUTIVES’ NOTICE OF INTENT TO FILE SUPPLEMENTAL RULE 33 MOTION BASED ON NEWLY DISCOVERED EVIDENCE Hollis Greenlaw, Cara Obert, Ben Wissink, and Brandon Jester (collectively, the “UDF Executives”) hereby provide notice that they intend to file a Supplemental Rule 33 Motion for a New Trial on the basis of newly discovered evidence on or before April 8, 2022. The UDF Executives timely filed their initial Rule 33 motions. ECF Nos. 317, 320, 321, 324. On March 12, 2022, approximately two months after the Court called this case for trial, the government informed the Court and the UDF Executives that it had “discovered” and was producing six boxes of “potentially privileged” materials that had not previously been turned over to the defense. See In the Matter of the Search of UDF, 1301 Municipal Way Grapevine, Texas 76051, Case No. 4:21-mc-00016 (ECF No. 34) (March 12, 2022). Counsel for UDF retrieved these boxes on March 14, 2022. From an initial review of the material, it appears as though these boxes contain previously undisclosed exculpatory evidence that has been in the government’s possession since t he search warrant was executed on February 18, 2016 and that would have been relevant and material to the UDF Executives’ defense at trial. The UDF Executives are in the process of a meet and confer with government counsel on these issues.
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