Replies to post #11912 on SEC Charges Eleven in Stock Manipulation Ring

[scion]

09/16/2009 55 Letter to Honorable Joseph J. Farnan, Jr. from Keith M. Rosen regarding Evidentiary Hearing. (Rosen, Keith) (Entered: 09/16/2009)
------------

Doc 55 OCR extract

U.S. Department of Justice
United States Attorney's Office District of Delaware
1007 Orange Street, Suite 700
P.O. Box 2046 [phone]
Wilmington, Delaware 19899-2046
FAX [phone]

September 16, 2009

Via CM/ECF

Honorable Joseph J. Farnan, Jr.
United States District Court for the District of Delaware J. Caleb Boggs Federal Building
844 King Street
Wilmington, DE 19801

Re: United States v. Joseph Mangiapane, Jr. Crim. Action No. 09-23-JJF

Dear Judge Farnan:

This letter is written in anticipation of the hearing scheduled for September 23, 2009, in the above-captioned matter. The Court's Order of August 20, 2009, calls for an evidentiary hearing relating to the pre-trial motions filed by the defendant on July 23, 2009 (D.1. 35-43). All of these motions are discovery-related.

Per the government's Omnibus Response (D.I. 47), it is our position that all of the defendant's motions should be denied on the papers. Accordingly, the government respectfully advises the Court that it does not intend to present any evidence at the hearing. Counsel for the government will be prepared, however, to argue the motions if the Court so requests.

Two other issues are outstanding. First, the defendant has expressed his intention to proceed pro se in this matter. The government submits that the Court should colloquy the defendant on this issue at the hearing.

Second, the defendant served the government on Monday, September 14, 2009, with an additional motion seeking dismissal of the indictment based on alleged grand jury misconduct. (DI. 54, entered on the docket on 9/15/09). This motion is out of time, and we will be submitting under separate cover an application to strike the defendant's motion on this basis. We anticipate filing a responsive pleading on the merits prior to the hearing on September 23, which will similarly contend that the defendant's motion should be denied without a hearing.

Given the lateness of the defendant's motion to dismiss, if the Court determines that the motion will not be struck and that an evidentiary hearing is required, the government would ask that it be scheduled for some time after September 23, so that we will have a sufficient opportunity to prepare.

We remain available to address any questions that the Court may have.

Respectfully submitted,

DAVID C. WEISS United States Attorney
By: Keith M. Rosen
Shannon T Hanson
Assistant United States Attorneys

cc: Joseph Mangiapane, Jr. (first class mail)

[scion]

Pacer update 17 Sep 09 USA v. Dynkowski CRIMINAL DOCKET FOR CASE #: 1:09-cr-00023-JJF All Defendants

Date Filed # Docket Text

09/17/2009 56 MOTION to Strike Defendant Mangiapane's Motion to Dismiss as Untimely by USA as to Joseph Mangiapane, Jr.. (Rosen, Keith) (Entered: 09/17/2009)