On November 7, 2000, Ronald Richards was retained by Allen Boren, a defendant
in a three count indictment alleging violations of 18 U.S.C. 1014 and 18 U.S.C.
1344, false statements to a bank and bank fraud.
At the time, Mr. Boren was in custody. His attorney at the time recommended Mr.
Boren take a 30 month plea. Instead of going along with the plea, Mr. Boren retained
Over the next two weeks, Mr. Richards began a systematic attack on the charges.
Richards first attacked the venue on one of the counts. The government voluntarily
dismissed and superceded with a new three count indictment.
Next, Richards obtained bail for Mr. Boren prior to Thanksgiving. Next, Richards
filed a motion to dismiss counts one and two of the indictment. The court issued
a 18 plus page written decision granting the motion.
Mr. Boren's bail restrictions and cash bond were lifted and exonerated.
The matter was set for trial April 17, 2001. Both Boren and Richards were ready
for trial. The government moved to continue the trial. The court denied the motion.
On April 9, 2001, the government moved to dismiss the remaining count. Mr. Boren,
on the verge of pleading guilty and remaining in prison, walked out of court today,
a free man with no felony.
In an interview with Mr. Richards after the hearing, he told the reporter that
the central reason for the victory was the strong research of the legislative
history of the statute exposing the expansive view of Federal jurisdiction taken
by the government.
Once the court was convinced that the Federal government had exceeded its bounds,
a dismissal was forthcoming.
This is the second time in four months that Richard has dismissed an indictment,
pre trial. An impressive record for any Federal criminal defense attorney. You
may review the case record by accessing Case No. CR-00-502(A).
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