Case 8:14-mj-02426-CBD Document 17 Filed 03/18/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA *

*
v. * CRIMINAL NO. 14-2426-CBD
*
BORIS RUBIZHEVSKY, *
*
Defendant *
*
*******

THIRD CONSENT MOTION FOR

CONTINUANCE PURSUANT TO FED. R. CRIM P. 5.1(d) AND
EXCLUSION OF TIME PURSUANT TO 18 U.S.C. ' 3161(h)(7)

Pursuant to Federal Rule of Criminal Procedure 5.1(d) and 18 U.S.C. §3161(h)(7), the

United States of America, by and through its attorneys, hereby moves for an Order (i) continuing

the preliminary hearing in the above-captioned matter and (ii) excluding time under the Speedy

Trial Act. The Defendant, by and through his attorney Eugene Gorokhov, has consented to the

relief requested herein. In support of this motion, the Government states as follows:

1. On October 29, 2014, the Defendant was charged by criminal complaint with

conspiring to commit wire fraud in violation of 18 U.S.C. § 1349 and arrested in New Jersey.

After being released to travel to this District, the Defendant had his initial appearance in this Court

on October 31, 2014, and was released without supervision.

2. Under Federal Rule of Criminal Procedure 5.1(c), a defendant charged by criminal

complaint who is “not in custody” is entitled to a preliminary hearing to establish probable cause

within 21 days of his initial appearance. Thus, in the instant case, a preliminary hearing was

scheduled for November 21, 2014. The Government moved for a continuance of the preliminary

hearing for sixty days until Wednesday, January 21, 2015, which motion was granted. The

Government moved for an additional sixty day continuance up through Friday, March 20, 2015,
 Case 8:14-mj-02426-CBD Document 17 Filed 03/18/15 Page 2 of 3

which motion was also granted. Such a continuance was appropriate because (i) the Defendant

consents to such relief and (ii) good cause exists, as additional time is necessary to provide the

parties an adequate opportunity to explore potential resolution of this matter. See Fed. R. Crim. P.

5.1(d).

3. Pursuant to the Speedy Trial Act, “[a]ny information or indictment charging an

individual with the commission of an offense” must be filed within 30 days of his arrest. 18

U.S.C. § 3161(b). Thus, in the instant case, any indictment or information was to have been filed

on or before November 28, 2014, absent an order from the Court extending the timeframe within

which to indict the Defendant or charge him by information. Such Order was granted following

the earlier Consent Motions, extending the deadline to January 21, 2015, and then to March 20,

2015. The Government now moves to exclude time within which an indictment or information

must be filed under the Speedy Trial Act from March 20, 2015, to May 19, 2015. Such an

exclusion of time is appropriate because (i) the Defendant consents and (ii) the “the ends of justice

[would be] served” by providing the parties this additional time to discuss a potential resolution of

this matter prior to the filing of any indictment or information. See 18 U.S.C. §3161(h)(7). Such

discussions are underway and it is likely that this case will be resolved pre-indictment in the next

60 days.

4. For the foregoing reasons, the parties request the Court to order the time within

which to indict or file an information be tolled from March 20, 2015, through May 19, 2015, and

that the Court continue the preliminary hearing in this matter until May 19, 2015.

5. Attached for the Court’s review and convenience is a Proposed Order that

conforms to the relief requested herein.

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WHEREFORE, the parties respectfully request that the Court issue an order (i) excluding

the time within which to file an indictment or information from March 20, 2015, to May 19, 2015,

under the Speedy Trial Act, and (ii) continuing the preliminary hearing in this matter until May 19,

2015, in conformance with the Proposed Order submitted herewith.

Respectfully submitted,

Rod J. Rosenstein
United States Attorney

By: /signed/
Adam K. Ake
James A. Crowell IV
Assistant United States Attorneys