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Case 3:08-cr-02386-JM Document 32 Filed 08/13/2008 Page 1 of 3

MICHAEL PANCER
California State Bar No. 43602
105 W. “F” St. 4th Fl.
San Diego, CA 92101
Telephone: (619) 236-1826
Fax: (619) 233-3221
Email: [email protected]
Attorney for Defendant
MICHAEL KRAPCHAN

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

(HON. JEFFREY T. MILLER)

Plaintiff,

vs.

MICHAEL KRAPCHAN,

UNITED STATES OF AMERICA,

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Defendant.

Case No. 08-CR-02386-JM
MOTION TO DECLARE CASE
COMPLEX
18 U.S.C. § 3161(h)(8)(B)(ii)





SYNOPSIS

Michael Krapchan is charged with one count of a violation of 21 U.S.C.,

Sections 841(a)(1) and 846. He is specifically charged with being involved with a
conspiracy to distribute 5 kilograms and more of cocaine.

We have received 45 CDs of consensually recorded conversations. This
investigation started approximately 18 to 24 months ago, and the informant recorded a
number of conversations. Most of these conversations are in Russian.

My client, who is in custody at the MCC, has been given four CDs and has
been allowed to listen to them at the library at the MCC. Unfortunately, he is only given
four hours a week to listen to the CDs. We are attempting to make arrangements whereby

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Case 3:08-cr-02386-JM Document 32 Filed 08/13/2008 Page 2 of 3

he will have more time. But we estimate it will take at least six months to review
these conversations.

It is essential that these conversations be reviewed. Mr. Krapchan is

going to put forth the defense of entrapment and duress. Within the last 18 to 24 months,
he has been harassed, threatened, and cajoled by the informant in this case. We believe
the informant is a former KGB agent from Kazakhstan. We believe he has a reputation
for engaging in violent activities in his homeland. There may be certain treaties
that will allow us to get information from Kazakhstan and that may be the subject of
further motions.

For this reason, we believe that, based on the Points and Authorities below,

this case should be declared complex.

POINTS AND AUTHORITIES

The Speedy Trial Act allows for a finding of complexity.
18 U.S.C. § 3161(h)(8)(B)(ii) states:
“(ii) whether the case is so unusual or so complex, due to the number
of defendants, the nature of the prosecution, or the existence of
novel questions of fact or law, that it is unreasonable to expect
adequate preparation for pretrial proceedings or for the trial itself
within the time limits established by this section.”

Our case fits under this section. It will take at least six months for
our client to listen to the 45 CDs of recorded conversations. The majority of the
conversations are in Russian, so counsel cannot assist in the listening process.

Further, it is contemplated we will need to interview witnesses in Canada

in preparing our defense to the charge.

This investigation started between 18 and 24 months prior to

Mr. Krapchan’s arrest. We believe the government utilized a paid informant who
formerly worked for the KGB in Khazistan. We may need to obtain records from
Khazistan concerning his prior activities and reputation for violent acts.

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Case 3:08-cr-02386-JM Document 32 Filed 08/13/2008 Page 3 of 3

Dated: August 12, 2008

Respectfully submitted,







S/Michael Pancer

MICHAEL PANCER
Attorney for Defendant
MICHAEL KRAPCHAN
Email: [email protected]

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Case 3:08-cr-02386-JM Document 32-2 Filed 08/13/2008 Page 1 of 1