Case 1:11-cr-00276-EGS Document 60

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : : v. : : KERRY F. KHAN, LEE A. KHAN, : and HAROLD F. BABB, : : Defendants. : ____________________________________: Case No. 11-cr-276 (EGS)

GOVERNMENTS CONSENT MOTION TO CONVERT THE STATUS HEARING FOR DEFENDANT HAROLD F. BABB TO A PLEA HEARING AND TO CONTINUE THE STATUS HEARING FOR DEFENDANTS KERRY F. KHAN AND LEE A. KHAN The United States of America, through undersigned counsel, respectfully submits this consent motion to convert the status hearing scheduled to take place on March 13, 2012 at 2:00 p.m. for defendant Harold F. Babb to a plea hearing and to continue the status hearing for defendants Kerry F. Khan and Lee A. Khan. In support of the motion, the government states as follows: 1. On September 16, 2011, the grand jury returned an indictment against the defendants,

Kerry F. Khan, Lee A. Khan, and Harold F. Babb. The indictment charged each defendant with conspiracy to defraud the United States and to commit bribery, in violation of Title 18, United States Code, Section 371 (Count One), and conspiracy to launder monetary instruments, in violation of Title 18, United States Code, Section 1956(h) (Count Four). The indictment also charged Kerry F. Khan with bribery, in violation of Title 18, United States Code, Section 201 (Count Two). Further, the indictment charged Harold F. Babb with unlawful kickbacks, in violation of Title 41, United States Code, Section 8702 (Count Three). 2. On October 4, 2011, the defendants were arrested and arraigned on the indictment.

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3.

On November 16, 2011, this Court held a status conference for each defendant. At

the status hearing, the Court, among other things, tolled the Speedy Trial Act for 180 days. The Court subsequently scheduled the next status hearing for all three co-defendants to take place on March 13, 2012 at 2:00 p.m. 4. Counsel for the government, counsel for the defendant Harold F. Babb, and Mr. Babb

request that the Court convert the status hearing on March 13, 2012 to a plea hearing for Mr. Babb. It is anticipated that Mr. Babb will plead guilty at the hearing to a two count Information charging one count of bribery, in violation of Title 18, United States Code, Section 201, and one count of unlawful kickbacks, in violation of Title 41, United States Code, Section 8702. Counsel for the government has discussed these matters with Jeffrey S. Jacobovitz, counsel for the defendant Harold F. Babb, who has consented to the relief requested herein concerning his client. 5. Counsel for the government, counsel for Kerry F. Khan, and counsel for Lee A. Khan

request that the Court continue the status hearing for defendants Kerry F. Khan and Lee A. Khan to a date on or after April 16, 2012. The continuance will permit the parties to continue their attempts to negotiate a pre-trial disposition of these matters. Counsel for the government has discussed these matters with Jeffrey S. Weiner, counsel for the defendant Kerry F. Khan, and with Edward C. Sussman, counsel for the defendant Lee A. Khan. Messrs. Weiner and Sussman have both consented to the relief requested herein concerning their clients.

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Wherefore, for the foregoing reasons, the government requests that this Court convert the status hearing currently scheduled to take place on March 13, 2012 at 2 p.m. to a plea hearing as to defendant Harold F. Babb and continue the status hearing scheduled to take place on March 13, 2012 at 2 p.m. as to defendants Kerry F. Khan and Lee A. Khan to a date on or after April 16, 2012. Respectfully submitted, RONALD C. MACHEN JR. United States Attorney For the District of Columbia

By:

DATED: March 7, 2012

/s/ MICHAEL K. ATKINSON BRYAN SEELEY Assistant United States Attorneys Fraud and Public Corruption Section 555 4th Street, N.W. Washington, D.C. 20530 202.252.7817 (Atkinson) 202.252.1749 (Seeley) Michael.Atkinson2@usdoj.gov Bryan.Seeley@usdoj.gov