Mohammed “Moe” Diab is seeking to capitalize on a court-ordered mistrial.

Diab, COO of Allied Wallet, was indicted on conspiracy to commit wire and bank fraud charges in 2021.

Following court rejection of a time-served plea deal, Diab’s case proceeded to trial on September 9th.

The trial had been playing out until September 20th, wherein Judge Young issued an order declaring a mistrial. The stated reason for the mistrial was a “family emergency”.

Later the same day, Diab filed a motion seeking to capitalize on the ordered mistrial.

In his motion to dismiss, Diab claims the mistrial provides “immense benefit” to the DOJ. How the mistrial benefits the DOJ isn’t elaborated on.

Instead, Diab claims double jeopardy;

Under First Circuit precedent, double jeopardy precludes retrial under the circumstances—where a defendant does not consent, alternatives have not been explored on the record, counsel was given no opportunity to be heard, and the declaration occurred precipitously.

Mr. Diab respectfully notes his objection to the declaration of a mistrial and his lack of consent, and he moves that the indictment be dismissed under the Double Jeopardy Clause.

At time of publication there are no further filings on Diab’s criminal case docket.