United States v. Erickson
| Decision Date | 03 June 2020 |
| Docket Number | Case No. 3:19-cr-0007,Case No. 3:19-cr-0053 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. AKIL ERICKSON, MIKIEL ROBIN, Defendants. |
| Court | U.S. District Court — Virgin Islands |
ATTORNEYS:
Gretchen C.F. Shappert, United States Attorney
Everard E. Potter, AUSA
St. Thomas, U.S.V.I.
For the United States of America,
Yohana M. Manning, Esq.
St. Croix, U.S.V.I.
For Akil Erickson,
Richard Coughlin, FPD
Kia Daniel Sears, AFPD
Office of the Federal Public Defender
St. Thomas, U.S.V.I.
For Mikiel Robin.
Before the Court is Defendant Mikiel Robin's motion for reconsideration (Case No. 3:19-cr-0007, ECF No. 10), which was joined by Akil Erickson (Case No. 3:19-cr-0007, ECF No. 16). Robin and Erickson seek reconsideration of this Court's Order in Criminal Case Number 19-7 dismissing the charges against them without prejudice. For the reasons stated below, the Court will grant the motion for reconsideration and will dismiss their charges with prejudice.
On October 8, 2018, Akil Erickson ("Erickson") and Mikiel Robin ("Robin") traveled by ferry from Tortola, British Virgin Islands, to St. Thomas, U.S. Virgin Islands. Upon arrival in St. Thomas, Erickson and Robin were subjected to inspection by United States Customs and Border Patrol ("CBP") agents. During that inspection, neither Erickson nor Robin declared that they were carrying over $10,000 in cash. A search of Erickson's luggage uncovered approximately $50,000 in cash. Thereafter, Erickson was arrested.
On October 9, 2018, Robin attempted to take a flight from St. Thomas to the U.S. mainland. During the course of a CBP inspection at the Cyril E. King International Airport, Robin asserted that he was not carrying more than $10,000 cash with him. A search of his luggage uncovered approximately $38,000 in cash. Thereafter, Robin was arrested.
Following the arrests of Erickson and Robin, the United States embarked on a circuitous path of charging decisions related to these events. On October 9, 2018, the United States filed a complaint against Erickson in Criminal Case Number 18-54 (the "18-54 Complaint"). The 18-54 Complaint charged Erickson with (1) bulk cash smuggling on October 8, 2018, in violation of 31 U.S.C. § 5332(a)(1), (b)(1)-(2), and making false statements on October 8, 2018, in violation of 18 U.S.C. § 1001(a)(2). On the same day that the 18-54 Complaint was filed, Erickson appeared before the district judge for his initial appearance.
On October 10, 2018, the United States filed a complaint against Robin in Criminal Case Number 18-55 (the "18-55 Complaint"). The 18-55 Complaint charged Robin with (1) bulk cash smuggling on October 8, 2018; and (2) making false statements on October 9, 2018. On the same day that the 18-55 Complaint was filed, Robin appeared before the District Court for his initial appearance on the complaint.
On November 8, 2018, the United States filed two separate informations in Criminal Case Numbers 18-54 and 18-55 (the "18-54 Information" and the "18-55 Information"). The 18-54 Information charged Erickson with a single count of bulk cash smuggling on October 8, 2018. The 18-55 Information also included a single count of bulk cash smuggling on October 8, 2018.
Erickson was arraigned on the 18-54 Information on November 13, 2018. Following his arraignment, the magistrate judge entered an order scheduling a trial for January 7, 2019. Robin was arraigned on the 18-55 Information on November 20, 2018. Following Robin's arraignment, the magistrate judge entered an order scheduling a trial for January 7, 2018.
On December 6, 2018, the Grand Jury returned indictments in both Criminal Case Number 18-54 and 18-55 (the "18-54 Indictment" and the "18-55 Indictment"). The 18-54 Indictment charged Erickson with one count of bulk cash smuggling on October 8, 2018, and one count of making false statements on October 8, 2018. The 18-55 Indictment charged Robin with one count of bulk cash smuggling on October 8, 2018, and one count of making false statements on October 8, 2018.
Robin was arraigned on the 18-55 Indictment on December 12, 2018. Following Robin's arraignment, the magistrate judge entered an order scheduling a trial for January 28, 2019. Erickson was arraigned on the 18-54 Indictment on December 19, 2018. Following Erickson's arraignment, the magistrate judge entered an order scheduling a trial for February 4, 2019.
On January 23, 2019, the United States filed an information in Criminal Case Number 19-7 (the "First Joint Charging Document" or the "19-7 Information") that jointly charged Erickson and Robin. The 19-7 Information charged Erickson and Robin each with one count of (1) conspiring to launder money on October 8, 2018, in violation of 18 U.S.C. § 1956(h); (2) bulk cash smuggling on October 8, 2018; and (3) making false statements on October 8, 2018.
On January 25, 2019, the United States moved to dismiss the indictments in Criminal Case Numbers 18-54 and 18-55. The Court granted both motions the same day, dismissed both indictments, and closed both cases.
On January 31, 2019, Robin was arraigned on the 19-7 Information. Following Robin's arraignment, the magistrate judge entered an order scheduling a trial for March 18, 2019.
On February 4, 2019, Robin filed a motion for reconsideration of the magistrate judge's order setting Robin's conditions of pretrial confinement. On February 27, 2019, the magistrate judge denied Robin's motion for reconsideration.
On March 6, 2019, Erickson was arraigned on the 19-7 Information. Following Erickson's arraignment, the magistrate judge entered a scheduling order rescheduling the trial for April 22, 2019.
On April 18, 2019, the United States filed an amended information in Criminal Case Number 19-7 (the "Second Joint Charging Document" or the "Amended 19-7 Information"). The Amended 19-7 Information included the charges in the First Joint Charging Document and added a charge against Erickson of conspiring to possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846(b)(1)(D).
Erickson and Robin were both arraigned on the Amended 19-7 Information on April 30, 2019. Following the arraignment, the magistrate judge entered an order scheduling a trial for June 17, 2019.
On June 6, 2019, the Grand Jury returned a Superseding Indictment in Criminal Case Number 19-7 (the "Third Joint Charging Document" or the "19-7 Indictment"). The Third Joint Charging Document dropped the drug conspiracy charge but otherwise replicated the Amended 19-7 Information.
Erickson and Robin were both arraigned on the 19-7 Indictment on June 13, 2019. Following the arraignment, the District Judge entered an order scheduling trial for July 29, 2019.
On July 2, 2019, Robin moved to dismiss the 19-7 Indictment for violation of the Speedy Trial Act. The United States conceded that the Speedy Trial Act had been violated. On July 24, 2019, the Court granted Robin's motion and dismissed the Indictment in Criminal Number 19-7 without specifying whether the dismissal was with or without prejudice.
On July 24, 2019, the United States filed an information in Criminal Number 19-52 (the "Fourth Joint Charging Document" or the "19-52 Information"). The 19-52 Information mirrored the dismissed 19-7 Indictment. At a status conference on July 25, 2019, Robin orally moved to dismiss the 19-52 Information. On August 1, 2019, the Court dismissed the 19-52 Information for failure to comply with Section 48 U.S.C. § 1614(b) ("Section 1614(b)"). The Court explained that the Revised Organic Act of 1954 provides that, while the United States may charge crimes by either information or indictment, Section 1614(b) provides that "'once a case has been presented to a grand jury, the case may be prosecuted by information only by leave of court or with the defendant's consent.'" See Case No. 3:19-cr-0052, ECF No. 21 at 10 (quoting United States v. Ntreh, 279 F.3d 255 (3d Cir. 2002)). The Court also noted that the Government's actions were troubling, as "[i]t appear[ed] that the United States wishes to proceed by information to avoid the consequences of its Speedy Trial violation in Criminal Case Number 2019-7." Id. at 14.
On August 1, 2019, shortly after the Court dismissed the 19-52 Information, the Grand Jury returned an indictment in Criminal Case Number 19-53 (the "Fifth Joint Charging Document" or the "19-53 Indictment") against Erickson and Robin. In the 19-53 Indictment, Erickson and Robin are each charged with one count of conspiring to launder money on October 8, 2018, bulk cash smuggling on October 8, 2018, and making false statements on October 8, 2018. As such, the Fifth Joint Charging Document replicates the Third Joint Charging Document. On August 2, 2019, Robin moved to dismiss the 19-53 Indictment.
On August 2, 2019, Robin filed a motion in Criminal Case Number 19-53 asking the Court to reconsider its July 24, 2019, Order dismissing the 19-7 Indictment without considering whether the dismissal was with or without prejudice. Robin now asks the Court to dismiss the 19-7 Indictment and 19-53 Indictment with prejudice, both of which charge the same crimes and, for all practical purposes, are identical. On August 5, 2019, Erickson filed a notice indicating that he joins in Robin's motion.
The Speedy Trial Act requires that a criminal defendant go to trial "within seventy days of the filing date . . . of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs." 18 U.S.C. § 3161(c)(1). If trial does not occur within the 70-day limit, the Speedy Trial Act requires that the charges in the charging instrument be dismissed. 18 U.S.C. § 3162(a)(2). Dismissal may be with or without prejudice. Id. When determining the appropriate remedy for a Speedy Trial violation, the...
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