EDNY COURTHOUSE, October 5 – In a
wire fraud case inching toward trial before U.S. District
Court for the Eastern District of New York Judge William
F. Kuntz II, Julio Jimenez on October 5 had a status
conference. Inner City Press was there:
Deputy
(coming off a phone call) His Honor is ready to rock and
roll.
[After
a long pause] All rise!
Judge
Kuntz:
Please call the case.
Deputy:
We're
here for a status conference in US v. Julio Jimenez, 25
crim One Two Six.
Judge
Kuntz: Glad to meet you, counsel. So the background of
this action. On April 27, 2024 there was a sealed
complaint charging Julio Jimenez with conspiracy to
defraud customers. Between 2013 and 2021 as alleged in
the complaint employees of the company knowing and
falsely made representations to customers that their
airplane parts had been treated to their specifications.
This included major private and military airplanes. He
was released by the Honorable Magistrate Judge Marcia A.
Henry on $400,000 bond. On April 11, 2025 a grand jury
of the United States returned a one-count indictment
charging him with conspiracy to commit wire fraud. On
April 15, 2025 the defendant was arraigned and pled not
guilty.
On August 1
and other days continuing there were status conference
held by this Court. At the last date the AUSA described
that discovery was ongoing. The next status conference
was scheduled for October 6 which was later rescheduled
for today.
The defendant
filed a notice of intend to invoke his Speedy Trial
rights. He asserted that the Government had ample time
to produce discovery under Rule 16 and that this case
was not so complex as to make this schedule
unreasonable.
On
August 10 the Government had said there was a terabyte
of material still to be produced and the trial was
continued to January 25, 2027 with a final pre-trial
conference set for January 19, 2027, and the schedule
for pre-trial briefing was amended. The case is
designate a complex case. The defendant soon after filed
a notice of his objection to both the adjournment of
trial and the case's certification as complex.
On
August 26 he moved for leave to file a motion to dismiss
and the Court granted it on August 31. On September 11
the motion to dismiss was filed. And on September 17 the
United States of America filed a motion seeking to
adjourn the briefing schedule sine die for plea
negotiation and the Court granted it.
Soon after,
the defendant's lawyers filed a motion to withdraw. The
Court granted it the same day and the defendant hired
new lawyers. Is that a fair and accurate summary?
Beginning with the prosecution.
AUSA:
Yes, Your Honor.
Defense:
Yes,
Your Honor.
Judge
Kuntz:
So, how do you suggest we proceed?
AUSA:
So we were in negotiations with the prior defense
counsel about a negotiated resolution. We were so close
that we requested a change of plea hearing.
Judge
Kuntz:
Notice the use of the past tense, as in, "It was." But
go on. [Laughs at own joke.]
AUSA:
But then the defendant terminated his prior attorneys
and hired Ms. Harris, who seems to be in this case to go
to trial. So the current trial date is January 27 but I
have a pro se trial on February 22, the defendant is
adamant about his Speedy Trial rights. I ask that this
trial be moved until after that. That is an incarcerated
defendant while this defendant, as you mentioned Your
Honor, is released on bond.
Judge
Kuntz:
Defense counsel, what do you suggest?
Harris:
So I appreciate we are new in this case. We entered
fully prepared for a January 27th trial. We assert the
defendant's Speedy Trial right and we would object to an
adjournment.
Judge
Kuntz:
Well, the US government has more than one attorney. I'm
not going to adjourn it.
Harris;
That's
step one, Your Honor.
Judge
Kuntz: Yes, that's step one.
Harris:
Thank you, Your Honor.
Judge
Kuntz:
You're welcome. So what about the briefing schedule?
Harris:
So there was a briefing schedule in November.
Judge
Kuntz:
So the defense insists this case is not complex. That's
their position. So go to trial.
Harris:
We're
continuing to review the Government's plea offer. The
Government has not yet opposed our motion to dismiss.
Judge
Kuntz:
Well, they said they would.
Harris:
They're going to.
Judge
Kuntz:
So I offered this defendant a trial without this
terabyte of evidence but he doesn't want it. And now
you're coming in and you don't know if there's a
resolution. So that's just great. I'm not going to
change the dates.
Harris:
I ask to consolidate their deadline to oppose the Speedy
Trial motion with the other dates. Currently it's
adjourned sine die.
Judge
Kuntz:
I'm going to modify that. I only adjourned that when it
seemed that this case was going to come to an amicable
settlement. So, you know the schedule. You probably came
into this war zone knowing it was a war zone.
Harris:
Yes, your Honor, we entered knowing the schedule and
we'll keep by it.
Judge
Kuntz: Oh, you WILL keep by it. That's not a problem. I
assure you you will keep by it.
Harris;
Yes,
Your Honor. But just for simplicity, we ask to wrap up
the Speedy Trial motion with the others.
Judge
Kuntz:
Well if there's a motion, I'll grant it or not. With all
due respect, counselor, the Court does not appreciate
being jerked around on a string by a defendant who can't
decide if he's going to plead or not. I celebrated my
fifteenth year as a judge last weekend and I was not
born yesterday as you can see by gray hair. [Points
toward head.] So, you can move to change the schedule.
But, spoiler alert, I'm not going to change it much.
Harris:
I understand that at the previous hearing the defense
said they were willing to waive the Rule 16 evidence but
not the Brady or the Giglio. But I wasn't here.
Judge
Kuntz:
Oh yes, you weren't here. But I was here. And I heard
what the defense and the AUSA said, and how they said
it.
Harris:
So we can take up the scheduling issues.
Judge
Kuntz:
So we have a schedule. I'm going to rescind the sine die
adjournment. What day works for the next conference?
AUSA:
We would request Wednesday, December 9 at 12 noon.
Judge
Kuntz:
Is that good for you, counselor?
Harris:
It is, your Honor.
Judge
Kuntz:
So I'm excluding that time to the trial date. I'm
rescinding my previous sine die motion adjournment. And
I'm making the schedule crystal clear. The parties can
resolve this case or they can try it. Anything further?
AUSA:
No, Your Honor.
Judge
Kuntz:
Defense counsel?
Harris:
We would just note our continuing objection to the
exclusion of time.
Judge
Kuntz:
Duly noted, counselor, I'll take that under
consideration.
Defense:
It was nice to see you at that event, Judge, thanks for
coming.
Judge
Kuntz:
Well, as they say, they don't let me out much. But when
they do, it's nice to be in the company of experienced
counsel. And as I have often said, there is no nobler
tradition than the bar. And it includes John Adams who
defended the red coats. Now some people in the modern
world say you can't be patriot and defend the red coats.
I would say the second President of the United States,
the first vice president, would give the lie to that
statement. In my thirty years on Wall Street, I learned
there was nothing that created more ripples than the US
Attorney's Office. Thank you, counsel.
[Leaves
through
back door]
