telexfree-logoHopes that the TelexFree criminal trial might get underway in June were optimistic, with production and analysis of discovery continuing to delay scheduling.

The latest rescheduling motion will now see the next status conference take place in August. But that’s not to say things haven’t progressed.

Since we last checked in back in April, the DOJ has organized and produced the following:

  • data from two hotmail accounts, one belonging to Carlos Wanzeler and one to Carlos Costa
  • data from an Apple email account, owned by Carlos Wanzeler
  • various recordings made by undercover HSI agents at TelexFree conference and in conversations with a TelexFree promoter and screen shots from an undercover promoter account established by HSI agents
  • a copy of a search and seizure warrant issued on an Amazon web services account
  • translated interview reports of “various individuals” by Brazilian authorities
  • a translated copy of the Ernst & Young audit report (part of the Acre pyramid scheme case in Brazil)
  • a copy of an application for records from iBasis Inc. (an “international voice carrier”)

Outstanding discovery yet to be produced include:

  • information obtained from Brazilian prosecutors and law enforcement agents and
  • 5 to 10 terabytes of data of cloud storage data recovered via search warrant

Both the materials obtained from the Brazilian authorities and the cloud based information storage company are voluminous and the government is attempting to determine the best way to produce these materials to the defendant.

We’re getting there, slowly but surely.

A joint motion filed on the 11th of June acknowledges that Wanzeler and Merril will need ‘additional time to review the voluminous discovery in this case and to determine whether any additional discovery requests will be necessary‘.

A rescheduled hearing has been requested for April 14th. The previous hearing scheduled for June 12th was cancelled as per the case docket, indicating that the request for August 14th was granted.

Stay tuned…


Footnote: Our thanks to Don@ASDUpdates for providing a copy of the June 11th Joint Motion To Adjourn Upcoming Status Conference.


Update 18th June 2015 – Judge Hennessy signed off on the delay on June 12th. A new status conference has been scheduled for August 12th, 2015.