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United States v. O'Keefe

August 19, 2008

UNITED STATES OF AMERICA,
v.
MICHAEL JOHN O'KEEFE, SR. AND SUNIL AGRAWAL, DEFENDANTS.



The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge

MEMORANDUM OPINION

Currently pending and ready for resolution are defendant Sunil Agrawal's Third Motion to Compel Discovery [#117] and Motion to Amend Memorandum of Law in Support of Mr. Agrawal's Third Motion to Compel [#118]. For the reasons stated herein, his motion to compel will be denied and his motion to amend will be granted.

DISCUSSION

A. Introduction

The indictment charges that the defendant, Michael John O'Keefe, Sr., when employed by the Department of State in Canada, received, quid pro quo, gifts and other benefits from his co-defendant, Sunil Agrawal, for expediting visa requests for employees of Agrawal's company, STS Jewels.*fn1 More specifically, the superseding indictment at paragraph 9 A-C charges that the objects of the conspiracy were:

A. for the defendant MICHAEL JOHN O'KEEFE, Sr. to receive travel, gifts, and other personal benefits in exchange for expediting visa interview appointments and/or issuing visas to benefit defendant SUNIL AGRAWAL and his business, STS Jewels.

B. for the defendant SUNIL AGRAWAL to obtain expedited visa interview appointments for his employees and persons sponsored by STS Jewels, thereby saving him, his business and his employees, time and money.

C. for the defendant SUNIL AGRAWAL to obtain the issuance of visas for his employees and persons sponsored by STS Jewels, thereby saving him, his business and his employees, time and money.

Indictment [#98] ¶ 9.

B. The Discovery Demands

There has been extensive discovery in this case but Agrawal now seeks more. According to his motion, there are 21 STS employees at issue and as to these Agrawal wants the following information:

(1) State Department documents concerning visa applications and visas issued to the twenty-one STS Jewels employees, wherever or whenever issued; (2) post-visa issuance (i.e., post-Indictment) State Department analysis, emails, or other documents concerning the twenty-one STS Jewels employees; and (3) documents in the possession of United States Citizenship and Immigration Services ("CIS") concerning the work authorizations or permanent residence status (e.g., H-1, L-1, Green Cards) of the twenty-one STS Jewels employees.

Memorandum of Law in Support of Mr. Agrawal's Third Motion to Compel Discovery ("Memorandum") [#117] at 2-3.

To this Memorandum Agrawal attaches a letter to his counsel from the attorneys for the United States in which they offer to provide a printout of the Consolidated Computer Database ("CCD") for the 21 visa applications. Id. at Exhibit 1, page 2. In the same letter the government offered to stipulate that "the visas were previously or subsequently issued by the U.S. Department of State for the STS Jewels-affiliated persons and confirm the date and location of the issuance." Id. The government, however, refused to provide (1) the "information regarding 'post-visa issuance (i.e., April 1, 2006, to March 25, 2008)' Department of State e-mails, communications, memoranda, analyses or other documents concerning or mentioning any of the STS Jewels-affiliated individuals referenced above" and (2) "work authorization applications/materials submitted to the U.S. Citizenship and Immigration Services ('CIS'), U.S. Department of Homeland Security, or any ...


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