Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 1 of 30

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1 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 1 of 30 APPEAL,CASREF,CLOSED,PROTOR U.S. District Court Western District of Kentucky (Bowling Green) CRIMINAL DOCKET FOR CASE #: 1:13 cr JHM HBB 1 Case title: USA v. Faller Date Filed: 08/14/2013 Date Terminated: 02/08/2016 Date Filed # Docket Text 01/10/ USCA OPINION affirming (MANDATE TO ISSUE) re 359 Notice of Appeal, 384 Notice of Appeal (CDR) (Entered: 01/10/2017) 10/20/ USCA ORDER denying renewed motion for release on bail pending appeal re 384 Notice of Appeal (JWM) (Entered: 10/20/2016) 05/13/ ORDER denying 387 Motion to Compel Government to Protect Privileged Material Seized in Raid, filed by James S. Faller II, pro se. Signed by Chief Judge Joseph H. McKinley, Jr. on 5/12/2016. cc: Counsel; James Faller (FCI Gilmer) (CDR) (Entered: 05/13/2016) 05/09/2016 Remark Defendant's mailing address updated to FCI Gilmer this date, pursuant to DN 389. (CDR) (Entered: 05/09/2016) 05/09/ REPLY TO RESPONSE to Motion by James S. Faller, II, pro se, re 387 MOTION to compel taint review and prevent intrusion. (Attachments: # 1 envelope) (CDR) (Entered: 05/09/2016) 04/26/ RESPONSE to Motion by USA as to James S. Faller, II re 387 MOTION to compel taint review and prevent intrusion Replies due by 5/13/2016. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 04/26/2016) 04/15/ MOTION to compel taint review and prevent intrusion by James S. Faller, II. Responses due by 5/2/2016 (Attachments: # 1 Proposed Order Order) (Faller, James) (Entered: 04/15/2016) 04/12/ USCA NOTICE of Filing letter to CJA appointed counsel re 384 Notice of Appeal (JWM) (Entered: 04/12/2016) 04/12/ USCA ORDER denying motions for bail pending appeal and to stay the April 15, 2016 surrender date. The motion for reconsideration and to proceed pro se is denied. Faller is granted permission to file a supplemental pro se brief, not to exceed 15 pages, within the time period set by the clerk for filing the appellant's brief. Faller is prohibited from filing pro se motions re 359 Notice of Appeal, 384 Notice of Appeal (JWM) (Entered: 04/12/2016) 04/01/2016 USCA Case Number as to James S. Faller, II # for 384 Notice of Appeal filed by James S. Faller, II. (CDR) (Entered: 04/01/2016) 03/31/ NOTICE OF APPEAL by James S. Faller, II (Faller, James) (Entered: 03/31/2016) 03/28/ USCA Notice of Filing Letter to CJA Appointed Counsel re 359 Notice of Appeal. (JWM) (Entered: 03/29/2016) 03/28/ USCA ORDER granting appointed counsel's motion to withdraw. To the extent defendant seeks leave to proceed pro se, the request is denied re 359 Notice of Appeal (JWM) Modified to edit date filed on 3/29/2016 (JWM). (Entered: 03/29/2016) 03/25/ ORDER by Chief Judge Joseph H. McKinley, Jr. denying Motions for New Trial and denying 360 Motion for Bond pending appeal as to James S. Faller II (1). cc: Counsel; Defendant, pro se (CDR) (Entered: 03/25/2016) 03/25/ USCA ORDER denying petition for writs of prohibition and mandamus re 345 USCA NOTICE of docketing petition for writs of prohibition and mandamus. (JWM) (Entered: 03/25/2016)

2 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 2 of 30 03/21/ SUPPLEMENTAL SEALED REPLY TO SEALED RESPONSE to Motion re 337 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Faller, James) Modified to edit text and add "supplemental" on 3/22/2016 (JWM). (Entered: 03/21/2016) 03/17/ ORDER granting 376 Motion for Extension of Time to File Reply up to and through 3/16/2016, as to James S. Faller II (1). Signed by Chief Judge Joseph H. McKinley, Jr. on 3/16/2016. cc: Counsel; James S. Faller II (CDR) (Entered: 03/17/2016) 03/16/ REPLY TO RESPONSE to Motion by James S. Faller, II re 356 MOTION for New Trial based upon newly discovered evidence (Faller, James) (Entered: 03/16/2016) 03/16/ MOTION for Extension of Time to File Response/Reply as to 361 Response to Motion, 356 MOTION for New Trial based upon newly discovered evidence by James S. Faller, II. Responses due by 3/28/2016 (Attachments: # 1 Exhibit , # 2 Proposed Order) (Faller, James) Modified remove event and to edit event text on 3/17/2016 (JWM). (Entered: 03/16/2016) 03/14/ SEALED REPLY TO SEALED RESPONSE to Motion re 337 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Faller, James) (Entered: 03/14/2016) 03/14/ ORDER by Chief Judge Joseph H. McKinley, Jr. on 3/11/2016 denying 373 Ex Parte SEALED MOTION filed by James S. Faller, II. cc: Counsel; Defendant, pro se (CDR) (Entered: 03/14/2016) 03/11/ SEALED MOTION: Sealed pursuant to LEAVE OF COURT re 60 Order on Motion to Consider,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Proposed Order) (Faller, James) (Entered: 03/11/2016) 03/10/ EXHIBIT INVENTORY filed by Dena Legg, Court Reporter, as to Sentencing Hearing held 1/29/2016. (CDR) (Entered: 03/10/2016) 03/09/ ORDER granting 370 Motion for Extension of Time to File Reply as to James S. Faller II (1). The Defendant shall file his reply in support of his second motion for new trial no later than 3/15/2016. Signed by Chief Judge Joseph H. McKinley, Jr. on 3/9/2016. cc: Counsel; James S. Faller, II (CDR) (Entered: 03/09/2016) 03/07/ MOTION for Extension of Time to File Response/Reply as to 361 Response to Motion, 356 MOTION for New Trial based upon newly discovered evidence by James S. Faller, II. Responses due by 3/17/2016 (Attachments: # 1 Exhibit Request to govt for agree exttention, # 2 Exhibit Notice from Lawyer re Sullivan material, # 3 Proposed Order) (Faller, James) (Entered: 03/07/2016) 03/03/ ORDER by Chief Judge Joseph H. McKinley, Jr. granting 362 Motion to Extend Voluntary Surrender Date as to James S. Faller II (1). The voluntary surrender date is extended to and including 4/15/2016. cc: Counsel; James S. Faller, II; USP (CDR) (Entered: 03/03/2016) 03/02/ NOTICE OF DOCKET CORRECTION Re:PDF Error: Ex 2 DN 367 document attached to docket entry by efiler re: 367 Reply to Response to Motion, 366 Response to Motion ; Correct document attached to this entry. (Attachments: # 1 Exhibit Ambach Letter) (Faller, James) (Entered: 03/02/2016) 03/01/ REPLY TO RESPONSE to Motion by James S. Faller, II re 362 MOTION Extend Voluntary Surrender Date (Attachments: # 1 Exhibit Stanziano letter, # 2 Exhibit Ambach Letter, # 3 Exhibit Fax from Judge Russell) (Faller, James) (Attachment 2 replaced on 3/3/2016) (JWM). (Entered: 03/01/2016) 02/29/ RESPONSE to Motion by USA as to James S. Faller, II re 362 MOTION Extend Voluntary Surrender Date Replies due by 3/17/2016. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 02/29/2016) 02/29/ RESPONSE to Motion by USA as to James S. Faller, II re 360 MOTION for Bond Pending Appeal Replies due by 3/17/2016. (Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 02/29/2016)

3 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 3 of 30 02/24/ Notice of Filing Official Transcript re 363. Please review the complete Notice for instructions. (DL) (Entered: 02/24/2016) 02/24/ FILING OF OFFICIAL TRANSCRIPT of Sentencing as to James S. Faller, II held on 01/29/16, before Judge Joseph H. McKinley, Jr. Court Reporter Dena Legg, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/27/2016. (DL) (Entered: 02/24/2016) 02/19/ MOTION Extend Voluntary Surrender Date by James S. Faller, II. Responses due by 3/7/2016 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered: 02/19/2016) 02/19/ RESPONSE to Motion by USA as to James S. Faller, II re 356 MOTION for New Trial based upon newly discovered evidence Replies due by 3/7/2016. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 02/19/2016) 02/12/2016 USCA Case Number as to James S. Faller, II for 359 Notice of Appeal filed by James S. Faller, II. (CDR) (Entered: 02/12/2016) 02/11/ MOTION for Bond Pending Appeal by James S. Faller, II. Responses due by 2/29/2016 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered: 02/11/2016) 02/11/ NOTICE OF APPEAL by James S. Faller, II (Faller, James) (Entered: 02/11/2016) 02/08/ Statement of Reasons (Sealed) re: 357 Judgment and Commitment. cc: USA/Applicable Counsel (CDR) (Entered: 02/08/2016) 02/08/ JUDGMENT and COMMITMENT ORDER by Chief Judge Joseph H. McKinley, Jr. on 2/8/2016 as to James S. Faller, II (1) Imprisoned 36 months as to each of Counts 1 and 3 through 7, and 12 months as to each of Counts 8 through 11 (concurrent); Supervised Release 3 years as to each of Counts 3 through 6, and 1 year as to each of Counts 1 and 7 through 11 (concurrent); SPA $700 (total); Restitution $143,113.00; cc: Counsel, Finance, USA (forf.) (CDR) (Entered: 02/08/2016) 02/05/ MOTION for New Trial based upon newly discovered evidence by James S. Faller, II. Responses due by 2/22/2016 (Attachments: # 1 Exhibit Faller affidavit re contents of missing computer with Mischler attached, # 2 Exhibit Photo of UPS Envelope sent to Judge Russell April 2008, # 3 Exhibit Series of photos showing box with hidden discovery under flap, # 4 Exhibit Contents of package sent to Judge Russell and returned in 2008, # 5 Exhibit Second box with discovery hidden uner flap, # 6 Exhibit 2005 Sworn statement of Kelly Sullivan, # 7 Exhibit Excerpt of Kelly Sullivan trial testimony, # 8 Exhibit Kentucky Court of Appeals Opinion, # 9 Proposed Order) (Faller, James) (Entered: 02/05/2016) 02/04/ ORDER by Chief Judge Joseph H. McKinley, Jr. as to James S. Faller, II. Defendant's motion to modify a prior Order concerning contacting certain witnesses (DN 347 ) is GRANTED. The Defendant is free to contact John Ambach, Robert Polk and Cliff Long. Defendant shall file his Reply in connection with his Motion for New Trial on or before 3/15/2016. cc: Counsel; James S. Faller, II (CDR) (Entered: 02/04/2016) 02/04/ ORDER OF RESTITUTION by Chief Judge Joseph H. McKinley, Jr. on 2/3/2016 as to James S. Faller, II cc: Counsel; James S. Faller, II; Finance; USA (Forf.) (CDR) (Entered: 02/04/2016) 02/02/ RESPONSE to Motion by USA as to James S. Faller, II re 347 MOTION Contact Witnesses, Extension to file reply and continue sentencing Replies due by 2/19/2016. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 02/02/2016) 01/29/ Proceedings held before Chief Judge Joseph H. McKinley, Jr: Sentencing held on 1/29/2016. (Court Reporter Dena Legg.) (CDR) (Entered: 02/02/2016) 01/29/ Court's Advice of Right to Appeal and Acknowledgment by James S. Faller, II. (CDR) (Entered: 02/01/2016)

4 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 4 of 30 01/28/ USCA ORDER denying the emergency motion to compel re 345. The mandamus petition will be considered at a later date. (JWM) (Entered: 01/28/2016) 01/25/ OFFICER REVISED FINAL PRESENTENCE INVESTIGATION REPORT (including addendum) as to James S. Faller, II Counsel shall refer to the Court's website: filing Re:How Do I View Restricted Documents. (Attachments: # 1 Addendum, # 2 Addendum Supplemental) (cdc) (Entered: 01/25/2016) 01/25/ ORDER by Chief Judge Joseph H. McKinley, Jr. denying Motions to Continue sentencing as to James S. Faller II (1). The government shall respond to the Defendant's request to contact witnesses, and the Defendant may reply, all as provided by local rule. The Defendant's time to file a reply in support of his motion for new trial shall be held in abeyance pending further orders of the Court. cc: Counsel; Defendant Faller (CDR) (Entered: 01/25/2016) 01/22/2016 MOTION for Extension of Time to File Response/Reply re 337 (See DN 347 to view PDF) Responses due by 2/1/2016 (JWM) Modified to edit text on 1/25/2016 (JWM). (Entered: 01/25/2016) 01/22/ MOTION Contact Witnesses, Extension to file reply and continue sentencing by James S. Faller, II. Responses due by 2/8/2016 (Attachments: # 1 Proposed Order, # 2 Proposed Order) (Faller, James) (Entered: 01/22/2016) 01/21/ FINAL PRESENTENCE INVESTIGATION REPORT (including addendum) as to James S. Faller, II Counsel shall refer to the Court's website: filing Re:How Do I View Restricted Documents. (Attachments: # 1 Addendum, # 2 Response by AUSA, FDO, Defendant) (lh) (Entered: 01/21/2016) 01/19/ USCA NOTICE of docketing petition for writ of mandamus or prohibition, assigned case number (Attachments: # 1 Petition for Supervisory Writ, Writ of Prohibition, Writ of Mandamus) (CDR) (Entered: 01/20/2016) 01/19/ SEALED RESPONSE to Sealed Motion re 337 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. Replies due by 2/5/2016. (Attachments: # 1 Exhibit A Declaration of John W. Ambach, Jr., # 2 Proposed Order) (Gentry, Thomas) (Entered: 01/19/2016) 01/19/ SENTENCING MEMORANDUM for James S. Faller, II by James S. Faller, II. (Wendelsdorf, Scott) (Entered: 01/19/2016) 01/15/ RESPONSE to Motion by USA as to James S. Faller, II re 341 MOTION to Continue Sentencing hearing set January 29, 2016 Replies due by 2/1/2016. (Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 01/15/2016) 01/15/ MOTION to Continue Sentencing hearing set January 29, 2016 by James S. Faller, II. Responses due by 2/1/2016 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered: 01/15/2016) 01/11/2016 NOTICE OF DOCKET CORRECTION re 340 Notice (Other); Error: Document should have been filed as a Sealed Document, pursuant to Protective Order; Correction: Docket entry sealed and text edited accordingly, pursuant to the Protective Order entered at DN 112 and modified at DN 162 and DN 279. (CDR) (Entered: 01/11/2016) 01/08/ SEALED DOCUMENT: Sealed pursuant to PROTECTIVE ORDER re 279 Order, 162 Order, 112 Protective Order. (Attachments: # 1 Exhibit Sworn Affirmation) (Wendelsdorf, Scott) Modified on 1/8/2016 to SEAL and on 1/11/2016 to edit text accordingly (CDR). (Entered: 01/08/2016) 01/07/ ORDER by Chief Judge Joseph H. McKinley, Jr. as to James S. Faller II (1), denying 332 Emergency Motion for Temporary Restraining Order and Permanent Injunction and 333 Motion to Supplement. cc: Counsel; James Faller, pro se (CDR) (Entered: 01/07/2016) 01/05/ REPLY TO RESPONSE to Motion by James S. Faller, II re 332 MOTION Emergency restraining order to restrain govt and Carl and Scarlett Devine, 333 MOTION to Supplement emergency motion for restraining order re 332 Motion for Miscellaneous

5 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 5 of 30 Relief,, (Faller, James) (Entered: 01/05/2016) 01/04/ SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit 1 affidavit, # 2 Exhibit 2 affidavit, # 3 Exhibit tax return, # 4 Exhibit tax return, # 5 Exhibit tax return, # 6 Exhibit tax return, # 7 Exhibit 3 affidavit for returns, # 8 Exhibit 4 notice to govt lawyer deceased, # 9 Exhibit 5 Ltr to Def from lawyer, # 10 Exhibit 6 Ltr to Ambach, # 11 Exhibit 7 Ltr to bar looking for files, # 12 Exhibit 8 Files found, # 13 Exhibit 9 Affidavit custodian of records, # 14 Exhibit 10 Attny affidavit, # 15 Exhibit 11 Affidavit, # 16 Exhibit 12 Affidavit, # 17 Proposed Order) (Faller, James) (Entered: 01/04/2016) 12/21/ RESPONSE to Motion by USA as to James S. Faller, II re 332 MOTION Emergency restraining order to restrain govt and Carl and Scarlett Devine Replies due by 1/7/2016. (Attachments: # 1 Exhibit A Corporate Filings with Secretary of State, # 2 Proposed Order) (Gentry, Thomas) (Entered: 12/21/2015) 12/11/ NOTICE of filing transcripts re 333 MOTION, 332 MOTION Emergency restraining order to restrain govt and Carl and Scarlett Devine, 333 MOTION to Supplement emergency motion for restraining order re 332 Motion for Miscellaneous Relief,, (Attachments: # 1 Exhibit Transcript of Phone call 1, # 2 Exhibit Transcript of Phone call 2, # 3 Exhibit Transcript of Deposition) (Faller, James) Modified to edit links on 12/14/2015 (JWM). (Entered: 12/11/2015) 12/08/ NOTICE of filing tendered Order to DN 333 re 333 MOTION to Supplement emergency motion for restraining order re 332 Motion for Miscellaneous Relief,, (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 12/08/2015) 12/07/ MOTION to Supplement emergency motion for restraining order re 332 Motion for Miscellaneous Relief,, by James S. Faller, II. Responses due by 12/24/2015 (Attachments: # 1 Exhibit Affidavit of Jaime) (Faller, James) (Additional attachment(s) added on 12/9/2015: # 2 Proposed Order) (CDR). (Entered: 12/07/2015) 12/04/ MOTION Emergency restraining order to restrain govt and Carl and Scarlett Devine by James S. Faller, II. Responses due by 12/21/2015 (Attachments: # 1 Exhibit Affidavit of Attorney Aprile, # 2 Exhibit to govt regarding Devine, # 3 Exhibit Letter to Gonzales, # 4 Exhibit Motion for TRO granted in state court, # 5 Exhibit Deposition of Devine, # 6 Exhibit Carl Devine , # 7 Exhibit Gnetry re conflict, # 8 Exhibit Civil docket sheet, # 9 Exhibit Opinion Kentucky Ct of Appeals, # 10 Proposed Order) (Faller, James) (Entered: 12/04/2015) 12/04/ ORDER by Chief Judge Joseph H. McKinley, Jr. denying Defendant's motion for the production of Brady material (DN 322 ) and an evidentiary hearing (DN 328 ). Defendant's motion for service of pleadings (DN 326 ) is GRANTED. The government will ensure that the Defendant, along with his appointed counsel, is served with all pleadings in this case. cc: Counsel; Defendant, pro se (CDR) Modified to add text on 12/4/2015 (CDR). (Entered: 12/04/2015) 11/30/ REPLY TO RESPONSE to Motion by James S. Faller, II re 326 MOTION to Compel proper service (Attachments: # 1 Exhibit Govt press releases) (Faller, James) (Entered: 11/30/2015) 11/30/ RESPONSE to Motion by USA as to James S. Faller, II re 326 MOTION to Compel proper service Replies due by 12/17/2015. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 11/30/2015) 11/23/ MOTION for Hearing on Brady and Tax issues by James S. Faller, II. Responses due by 12/10/2015 (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 11/23/2015) 11/23/ REPLY TO RESPONSE to Motion by James S. Faller, II re 322 MOTION for Release of Brady Materials from IRS Agent John Ambach (Attachments: # 1 Exhibit Stanziano to John Ambach, # 2 Exhibit Stanziano to James Faller) (Faller, James) (Entered: 11/23/2015) 11/13/ MOTION to Compel proper service by James S. Faller, II. Responses due by 11/30/2015 (Attachments: # 1 Exhibit requesting material, # 2 Exhibit asking for help from PD and to Court from Govt., # 3 Exhibit from govt

6 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 6 of 30 re Cliff Long, # 4 Exhibit govt providing sealed materials, # 5 Exhibit re confer, # 6 Exhibit re confer, # 7 Exhibit govt providing sealed materials, # 8 Exhibit providing sealed response, # 9 Proposed Order Order) (Faller, James) (Entered: 11/13/2015) 11/13/ ORDER granting 323 Government's Sealed Motion for leave to Seal a Document as to James S. Faller II (1), re DN 324. Signed by Chief Judge Joseph H. McKinley, Jr. on 11/12/2015. cc: Counsel; Defendant James S. Faller, II(CDR) (Entered: 11/13/2015) 11/12/2015 SEALED RESPONSE to Motion (See DN 324 to view PDF document.) by USA, re 322 MOTION for Release of Brady Materials. Replies due by 11/30/2015. (CDR) (Entered: 11/13/2015) 11/12/ SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re 322 MOTION for Release of Brady Materials, 323 SEALED MOTION for Leave to Seal a Document by USA. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 11/12/2015) 11/12/ SEALED MOTION for Leave to Seal a Document by USA by USA as to James S. Faller, II. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 11/12/2015) 11/09/ MOTION for Release of Brady Materials by James S. Faller, II. Responses due by 11/27/2015 (Attachments: # 1 Exhibit 1 E mail to Government Regarding Witness Death, # 2 Exhibit 2 September 2, 2015 E mail to Government Request for Brady Materials, # 3 Exhibit 3 October 30, 2015 Second Request for Brady Materials, # 4 Exhibit 4 Affidavit of CPA Mark Enderle, # 5 Proposed Order) (Faller, James) Modified to add exhibit descriptions on 11/10/2015 (JWM). (Entered: 11/09/2015) 10/27/ ORDER granting 316 Sealed Motion for leave to Seal a Document as to James S. Faller II (1). Signed by Chief Judge Joseph H. McKinley, Jr. on 10/26/2015. cc: Counsel (CDR) (Entered: 10/27/2015) 10/26/ ORDER by Chief Judge Joseph H. McKinley, Jr. granting 313 Motion to Continue as to James S. Faller II (1). Sentencing hearing continued to 1/29/2016 at 10:00 AM CT in Bowling Green before Chief Judge Joseph H. McKinley Jr. The provisions of the prior sentencing order (DN 234 ) shall remain in effect. Particular attention is drawn to paragraph 5 with respect to the exchange of information related to witness testimony expected to be offered at the hearing. Defendant shall, no later than thirty (30) days prior to the sentencing hearing, disclose to the government all information in support of any credit, deduction, or exemption he or his accountant will be advancing at the hearing. cc: Counsel; Defendant (CDR) (Entered: 10/26/2015) 10/26/ REPLY TO RESPONSE to Motion by James S. Faller, II re 313 MOTION to Continue Sentencing set for November 10, 2015 Supplemental (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered: 10/26/2015) 10/23/ REPLY TO RESPONSE to Motion by James S. Faller, II re 313 MOTION to Continue Sentencing set for November 10, 2015 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered: 10/23/2015) 10/23/ SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re 316 SEALED MOTION for Leave to Seal a Document by USA. (Voracek, Thomas) (Entered: 10/23/2015) 10/23/ SEALED MOTION for Leave to Seal a Document by USA by USA as to James S. Faller, II. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 10/23/2015) 10/23/ SENTENCING MEMORANDUM for James S. Faller, II by USA. (Attachments: # 1 Exhibit Attachment One) (Voracek, Thomas) (Entered: 10/23/2015) 10/23/ RESPONSE to Motion by USA as to James S. Faller, II re 313 MOTION to Continue Sentencing set for November 10, 2015 Replies due by 11/9/2015. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 10/23/2015) 10/22/ MOTION to Continue Sentencing set for November 10, 2015 by James S. Faller, II. Responses due by 11/9/2015 (Attachments: # 1 Exhibit Sworn Statement of David

7 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 7 of 30 Hicks, # 2 Proposed Order) (Wendelsdorf, Scott) (Entered: 10/22/2015) 10/21/ ORDER denying 306 Motion to Set Aside Court's order denying Defendant's motion to compel production of Brady material and to amend prior order, as to James S. Faller II (1). Signed by Chief Judge Joseph H. McKinley, Jr. on 10/21/2015. cc: Counsel; James Faller (CDR) (Entered: 10/21/2015) 10/15/ REPLY TO RESPONSE to Motion by James S. Faller, II re 306 MOTION to Set Aside Order denying production of Brady material (Faller, James) (Entered: 10/15/2015) 10/13/ OBJECTION TO PRESENTENCE INVESTIGATION REPORT by James S. Faller, II as to James S. Faller, II (Wendelsdorf, Scott) (Entered: 10/13/2015) 10/09/ RESPONSE to Motion by USA as to James S. Faller, II re 306 MOTION to Set Aside Order denying production of Brady material Replies due by 10/26/2015. (Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 10/09/2015) 10/01/ SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re 279 Order on Motion for Miscellaneous Relief,,, 112 Order, Set/Clear Flags, 277 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,., 306 MOTION to Set Aside Order denying production of Brady material, 305 Order on Sealed Motion, 299 Sealed Response to Sealed Motion,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Faller, James) (Entered: 10/01/2015) 09/28/ EXHIBIT INVENTORY filed as to Jury Trial held 6/1/2015 6/12/2015. (CDR) (Entered: 09/28/2015) 09/25/ MOTION to Set Aside Order denying production of Brady material by James S. Faller, II. Responses due by 10/13/2015 (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 09/25/2015) 09/21/ ORDER as to James S. Faller II (1): denying 277 Sealed Motion; denying 297 Sealed Motion. Signed by Chief Judge Joseph H. McKinley, Jr on 9/18/2015. cc: Counsel, defendant (pro se) (JBM) (Entered: 09/21/2015) 09/21/ ORDER as to James S. Faller II (1) denying 271 Sealed Motion. Signed by Chief Judge Joseph H. McKinley, Jr on 9/18/2015. cc: Counsel, Defendant (pro se)(jbm) (Entered: 09/21/2015) 09/15/ ORDER by Chief Judge Joseph H. McKinley, Jr. granting 300 Motion to Withdraw Document as to James S. Faller II (1), re 295 Motion for Extension of Time to File Response/Reply. cc: Counsel; James S. Faller, II (CDR) (Entered: 09/15/2015) 09/15/ NOTICE by USA re 300 MOTION to Withdraw Document 295 MOTION for Extension of Time to File Response/Reply as to 277 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 09/15/2015) 09/14/ SEALED REPLY TO SEALED RESPONSE to Motion re 271 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 162 Order. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Faller, James) Modified to remove links and edit text on 9/17/2015 (CDR). (Entered: 09/14/2015) 09/14/ MOTION to Withdraw Document 295 MOTION for Extension of Time to File Response/Reply as to 277 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. by USA as to James S. Faller, II. Responses due by 10/1/2015 (Voracek, Thomas) (Entered: 09/14/2015) 09/14/ SEALED RESPONSE to Sealed Motion re 277 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. Replies due by 10/1/2015. (Attachments: # 1 Exhibit One, # 2 Proposed Order) (Voracek, Thomas) (Entered: 09/14/2015) 09/11/ SEALED ORDER by Magistrate Judge H. Brent Brennenstuhl denying 296 Sealed Motion as to James S. Faller II (1). cc: Counsel of Record; Defendant Faller service by U.S. Mail on paper. (CDR) (Entered: 09/11/2015)

8 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 8 of 30 09/11/ SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 279 Order on Motion for Miscellaneous Relief,,, 112 Order, Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit) (Faller, James) (Entered: 09/11/2015) 09/10/ SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 279 Order on Motion for Miscellaneous Relief,,, 112 Order, Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit Documents, # 2 Exhibit affidavit) (Faller, James) (Entered: 09/10/2015) 09/09/ MOTION for Extension of Time to File Response/Reply as to 277 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. by USA as to James S. Faller, II. Responses due by 9/21/2015 (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 09/09/2015) 09/04/ ORDER granting 278 Motion to Continue sentencing as to James S. Faller II (1). Sentencing continued to 11/10/2015 at 9:00 AM CST in Bowling Green before Chief Judge Joseph H. McKinley Jr. All deadlines related to sentencing set forth in the Court's Order entered 6/17/2015 (DN 234 ) remain in effect. Signed by Chief Judge Joseph H. McKinley, Jr. on 9/4/2015. cc: Counsel, James Faller (CDR) (Entered: 09/04/2015) 09/03/ REPLY TO RESPONSE to Motion by James S. Faller, II re 278 MOTION to Continue Sentencing set for September 17, 2015 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered: 09/03/2015) 09/01/ RESPONSE to Motion by USA as to James S. Faller, II re 278 MOTION to Continue Sentencing set for September 17, 2015 Replies due by 9/18/2015. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 09/01/2015) 08/31/2015 Remark Docket entries 240 Sealed Motion for Leave to Seal a Document, 241 Sealed Motion, 245 Sealed Motion for Leave to Seal a Document, and 246 Sealed Response to Sealed Motion UNSEALED this date, pursuant to Order (DN 280 ) denying leave to seal. (CDR) (Entered: 08/31/2015) 08/28/ ORDER by Chief Judge Joseph H. McKinley, Jr. on 8/27/2015 as to James S. Faller, II. Defendant's motions to produce the grand jury testimony of IRS Agent Matthew Sauber and any other trial witness and to seal all the grand jury testimony into the record in case of appeal and to issue a subpoena for text messages of Kelly and Johnny Sullivan (DN 241 ); to seal Docket Number 241 (DN 240 ); and to contact witnesses (DN 243 ) are DENIED. IT IS FURTHER ORDERED that Defendant's motion to extend time to file replies (DN 258 ) is GRANTED. IT IS FURTHER ORDERED that the motion by the United States to seal Docket Number 246 (DN 245 ) is DENIED. cc: Counsel; James S. Faller, II (CDR) (Entered: 08/28/2015) 08/28/ ORDER by Magistrate Judge H. Brent Brennenstuhl as to James S. Faller II (1). IT IS HEREBY ORDERED that Defendant's motion to rescind the protective order (DN 248 ) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that the protective order entered at DN 112 and modified at DN 162 is herewith further modified. (See Order for specifics.) Defendant's motion is DENIED to the extent he advocates on behalf of other persons regarding cases in which he is not a named party. IT IS FURTHER ORDERED that Defendant's request for rescission of the protective order regarding any material produced to him by the United States in this action pursuant to the Jencks Act is DENIED. cc: Counsel; James S. Faller, II, pro se (CDR) (Entered: 08/28/2015) 08/27/ MOTION to Continue Sentencing set for September 17, 2015 by James S. Faller, II. Responses due by 9/14/2015 (Attachments: # 1 Proposed Order) (Wendelsdorf, Scott) (Entered: 08/27/2015) 08/26/ SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 112 Order, Set/Clear Flags, 162 Order,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order) (Faller, James) (Entered: 08/26/2015) 08/26/ SEALED RESPONSE to Sealed Motion re 271 SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 162 Order,. Replies due by 9/14/2015. (Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 08/26/2015)

9 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 9 of 30 08/20/ REPORT for proceedings held before Magistrate Judge H. Brent Brennenstuhl: Telephone Conference as to James S. Faller, II held on 8/18/2015, re 248 Motion to Set Aside or Redact Protective Order. The Court advised the information obtained during this telephonic conference was beneficial to him and that he would issue a ruling on the motion in the near future. cc: Counsel; James S. Faller, II (CDR) (Entered: 08/20/2015) 08/17/ TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/17/2015, as to James S. Faller, II, upon request of Defendant; IT IS ORDERED the Telephone Conference scheduled for 8/21/2015 is REMANDED from the Court's docket and is RESCHEDULED to be conducted on 8/18/2015, at 9:00 AM, CDT. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (KL) (Entered: 08/17/2015) 08/14/ TEXT ORDER by Magistrate Judge H. Brent Brennenstuhl on 8/14/2015, as to James S. Faller, II; Upon the Court's own motion; IT IS ORDERED a Telephone Conference shall be conducted on 8/21/2015, at 01:30 PM, CDT before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (KL) (Entered: 08/14/2015) 08/13/ DISCLOSURE PRESENTENCE INVESTIGATION REPORT as to James S. Faller, II Counsel shall refer to the Court's website: filing Re:How Do I View Restricted Documents. (Attachments: # 1 Cover Sheet) (cdc) (Entered: 08/13/2015) 08/09/ SEALED MOTION: Sealed pursuant to PROTECTIVE ORDER re 162 Order,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4a, # 5 Exhibit 4b, # 6 Exhibit 4c, # 7 Exhibit 4d, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 7a, # 12 Exhibit 7b, # 13 Exhibit 7c, # 14 Exhibit 7d, # 15 Exhibit 8, # 16 Proposed Order) (Faller, James) (Entered: 08/09/2015) 08/04/ REPLY TO RESPONSE to Motion by James S. Faller, II re 243 MOTION to contact witnesses (Faller, James) (Entered: 08/04/2015) 08/04/ REPLY TO RESPONSE to Motion by James S. Faller, II re 248 MOTION to rescind Protective Order (Faller, James) (Entered: 08/04/2015) 08/04/ SEALED REPLY TO SEALED RESPONSE to Motion re 241 SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 240 SEALED MOTION for Leave to Seal a Document. (Attachments: # 1 Exhibit , # 2 Exhibit Attachment to , # 3 Exhibit Affidavit) (Faller, James) (Entered: 08/04/2015) 07/29/ Notice of Filing Official Transcript re 261, 263, 259, 264, 260, 262. Please review the complete Notice for instructions. (TT) (Entered: 07/29/2015) 07/29/ SEALED DOCUMENT (TT) (Entered: 07/29/2015) 07/29/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 10B) as to James S. Faller, II held on 6/12/2015, before Judge Joseph H. McKinley, Jr. Transcriber Terri Turner, Telephone number Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015) 07/29/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 10A) as to James S. Faller, II held on 6/12/2015, before Judge Joseph H. McKinley, Jr. Court Reporter Terri Turner, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

10 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 10 of 30 Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015) 07/29/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 9) as to James S. Faller, II held on 6/11/2015, before Judge Joseph H. McKinley, Jr. Court Reporter Terri Turner, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015) 07/29/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 8) as to James S. Faller, II held on 6/10/2015, before Judge Joseph H. McKinley, Jr. Court Reporter Terri Turner, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015) 07/29/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 7) as to James S. Faller, II held on 6/9/2015, before Judge Joseph H. McKinley, Jr. Court Reporter Terri Turner, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015) 07/29/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 6) as to James S. Faller, II held on 6/8/2015, before Judge Joseph H. McKinley, Jr. Court Reporter Terri Turner, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 10/30/2015. (TT) (Entered: 07/29/2015) 07/29/ MOTION for Extension of Time to File Response/Reply as to 243 MOTION to contact witnesses, 246 Sealed Response to Sealed Motion, 247 Response to Motion, 241 SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 240 SEALED MOTION for Leave to Seal a Document. by James S. Faller, II. Responses due by 8/10/2015 (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 07/29/2015) 07/29/ RESPONSE to Motion by USA as to James S. Faller, II re 248 MOTION to rescind Protective Order Replies due by 8/17/2015. (Attachments: # 1 Proposed Order) (Voracek, Thomas) (Entered: 07/29/2015) 07/28/ Notice of Filing Official Transcript re 255, 253, 254. Please review the complete Notice for instructions. (DL) (Entered: 07/28/2015) 07/28/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 5) as to James S. Faller, II held on 06/05/15, before Judge Joseph H. McKinley, Jr. Court Reporter Dena Legg, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015. (DL) (Entered: 07/28/2015) 07/28/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 4) as to James S. Faller, II held on 06/04/15, before Judge Joseph H. McKinley, Jr. Court Reporter Dena Legg, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015. (DL) (Entered: 07/28/2015) 07/28/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 3) as to James S. Faller, II held on 06/03/15, before Judge Joseph H. McKinley, Jr.. Court Reporter Dena Legg, Telephone number Transcript may be viewed at the court public

11 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 11 of 30 terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015. (DL) (Entered: 07/28/2015) 07/28/ SEALED DOCUMENT (DL) (Entered: 07/28/2015) 07/27/ Notice of Filing Official Transcript re 249, 250. Please review the complete Notice for instructions. (AWW) (Entered: 07/27/2015) 07/27/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 2) as to James S. Faller, II, held on 6/2/2015, before Judge Joseph H. McKinley, Jr. Court Reporter Alan Wernecke, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015. (AWW) (Entered: 07/27/2015) 07/27/ FILING OF OFFICIAL TRANSCRIPT of Jury Trial (Volume 1) as to James S. Faller, II, held on 6/1/2015, before Judge Joseph H. McKinley, Jr. Court Reporter Alan Wernecke, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015. (AWW) (Entered: 07/27/2015) 07/21/2015 MOTIONS as to James S. Faller, II REFERRED to Magistrate Judge: 248 MOTION to rescind Protective Order (EAS) (Entered: 07/21/2015) 07/17/ MOTION to rescind Protective Order by James S. Faller, II. Responses due by 8/3/2015 (Attachments: # 1 Exhibit Affidavit of Vince Aprile, # 2 Exhibit Order in Bankruptcy Case, # 3 Exhibit Affidavit of Michael McClain, # 4 Proposed Order) (Faller, James) (Entered: 07/17/2015) 07/15/ RESPONSE to Motion by USA as to James S. Faller, II re 243 MOTION to contact witnesses Replies due by 8/3/2015. (Attachments: # 1 Proposed Order) (Gentry, Thomas) (Entered: 07/15/2015) 07/13/ **UNSEALED pursuant to DN 280 ** SEALED RESPONSE to Sealed Motion re 241 SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 240 SEALED MOTION for Leave to Seal a Document. Replies due by 7/30/2015. (Attachments: # 1 Proposed Order) (Gentry, Thomas) Modified to UNSEAL on 8/31/2015 (CDR). (Entered: 07/13/2015) 07/13/ **UNSEALED pursuant to DN 280 ** SEALED MOTION for Leave to Seal a Document by USA by USA as to James S. Faller, II. (Attachments: # 1 Proposed Order) (Gentry, Thomas) Modified to UNSEAL on 8/31/2015 (CDR). (Entered: 07/13/2015) 07/01/ ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/30/2015 as to James S. Faller, II. The Court, on its own motion, does hereby extend the time for filing a motion for a new trial pursuant to Rule 33. IT IS HEREBY ORDERED that Defendant's motion for a new trial shall be filed within 14 days of the date the entire trial transcript is completed and filed in the record. cc: Counsel; James S. Faller, II (CDR) (Entered: 07/01/2015) 06/29/ MOTION to contact witnesses by James S. Faller, II. Responses due by 7/16/2015 (Attachments: # 1 Proposed Order, # 2 Exhibit Interview of Sullivan) (Faller, James) (Entered: 06/29/2015) 06/25/ SEALED NOTICE OF DOCKET CORRECTION RE: PDF re 241 SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 240 SEALED MOTION for Leave to Seal a Document. (Faller, James) Modified text on 6/25/2015 (CDRS). (Entered: 06/25/2015) 06/25/ **UNSEALED pursuant to DN 280 ** SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 240 SEALED MOTION for Leave to Seal a Document. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order, # 5 Proposed

12 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 12 of 30 Order, # 6 Proposed Order) (Faller, James) (Main Document 241 replaced on 6/25/2015) (CDRS). Modified to UNSEAL on 8/31/2015 (CDR). (Entered: 06/25/2015) 06/25/ **UNSEALED pursuant to DN 280 ** SEALED MOTION for Leave to Seal a Document by James S. Faller, II. (Attachments: # 1 Proposed Order) (Faller, James) Modified to UNSEAL on 8/31/2015 (CDR). (Entered: 06/25/2015) 06/24/ ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/24/2015 as to James S. Faller, II re 235 EX PARTE MOTION and 236 SEALED MOTION for Leave to Seal a Document. Defendant's ex parte motion is DENIED WITHOUT PREJUDICE, and Defendant is allowed to re file the instant motion on CM/ECF in order for the United States to be given the opportunity to respond. IT IS FURTHER ORDERED that Defendant's motion to seal his ex parte motion (DN 236 ) is DENIED as MOOT. cc: Counsel; James S. Faller, II (CDR) (Entered: 06/24/2015) 06/24/ Notice of Filing Official Transcript re 237. Please review the complete Notice for instructions. (AWW) (Entered: 06/24/2015) 06/24/ FILING OF OFFICIAL TRANSCRIPT of Initial Apperance and Arraignment as to James S. Faller, II held on 8/28/2013, before Magistrate Judge H. Brent Brennenstuhl. Court Reporter/Transcriber Alan Wernecke, Telephone number Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/20/2015. Redacted Transcript Deadline set for 7/30/2015. Release of Transcript Restriction set for 9/25/2015. (AWW) (Entered: 06/24/2015) 06/23/ SEALED MOTION for Leave to Seal a Document by James S. Faller, II. (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 06/23/2015) 06/23/ EX PARTE MOTION by James S. Faller, II. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order, # 5 Proposed Order, # 6 Proposed Order) (Faller, James) (Entered: 06/23/2015) 06/17/ ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/16/2015 as to James S. Faller, II. Jury trial held June 1, 2, 3, 4, 5, 8, 9, 10, 11, and 12, Official court reporters were Alan Wernecke, Dena Legg, and Terri Turner. A portion of the proceedings were also digitally recorded. IT IS HEREBY ORDERED that Defendant James S. Faller, II, is adjudicated not guilty as to Count 2 of the Indictment and is adjudicated guilty as to each of Counts 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the Indictment, re 223 Jury Verdict. Sentencing is set for 9/17/2015 at 9:00 AM CT in Bowling Green before Chief Judge Joseph H. McKinley Jr. (Presentencing deadlines set forth.) United States' oral motion that Defendant have no contact with any government witness in this case GRANTED. (See Order for specifics.) IT IS ORDERED that the matter of appointment of counsel is referred to U.S. Magistrate Judge Dave Whalin. IT IS FURTHER ORDERED that the Defendant's unopposed oral motion to extend time to file post trial motions is GRANTED. Defendant shall file any post trial motions under Criminal Rule 33 within twenty one (21) days after verdict. Defendant allowed to remain on bond pending further order of the Court. cc: Counsel (CDR) (Entered: 06/17/2015) 06/17/ ORDER ON EX PARTE HEARING for proceedings held before Magistrate Judge Dave Whalin: An Ex Parte Hearing as to James S. Faller, II held on 6/16/2015. Scott Wendelsdorf, Federal Defender, is appointed to represent the Defendant in the sentencing phase of this action. The Defendant's request for appointment otherwise is DENIED. IT IS FURTHER ORDERED that the official recording of this hearing shall be filed under seal. (Court Reporter digitally recorded.) cc: Counsel; Defendant (CDR) Modified on 11/12/2015 to correct typographical error (CDR). (Entered: 06/17/2015) 06/16/ CJA 23 Financial Affidavit by James S. Faller, II (CDR) (Entered: 06/17/2015) 06/16/ SEALED ORDER by Chief Judge Joseph H. McKinley, Jr on 6/15/2015 granting 227 Sealed Motion as to James S. Faller II (1) cc: Counsel; James Faller (CDRS) (Entered: 06/16/2015)

13 Case: 1:13-cr JHM-HBB As of: 01/18/ :56 AM EST 13 of 30 06/16/ SEALED ORDER by Chief Judge Joseph H. McKinley, Jr. on 6/15/2015, re 226 SEALED MOTION for Leave to Seal a Document cc: Counsel; James Faller (CDRS) (Entered: 06/16/2015) 06/15/ TEXT ORDER by Magistrate Judge Dave Whalin on 6/15/2015 as to James S. Faller, II. An In Person Conference is scheduled for 6/16/2015 at 11:00 AM before Magistrate Judge Dave Whalin. Counsel for the United States is not required to attend. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH) (Entered: 06/15/2015) 06/15/ SEALED MOTION: Sealed pursuant to MOTION TO SEAL re 226 SEALED MOTION for Leave to Seal a Document. (Attachments: # 1 Proposed Order) (Faller, James) (Entered: 06/15/2015) 06/15/ SEALED MOTION for Leave to Seal a Document by James S. Faller, II. (Attachments: # 1 Proposed Order, # 2 Supplement, # 3 Proposed Order) (Faller, James) (Entered: 06/15/2015) 06/15/ Proceedings held before Chief Judge Joseph H. McKinley, Jr:Jury Trial as to James S. Faller, II held on 6/12/2015 (Court Reporter Terri Turner *and* ECRO Jessica Mercer.) (TLG) Modified on 6/16/2015 (EAS). (Entered: 06/15/2015) 06/12/ STIPULATION No. 11 regarding defendant's residence by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 10 regarding United Citizens Bank of Southern Kentucky location by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 9 regarding Bank of Columbia location by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 8 regarding venue by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 7 regarding exhibits by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 6 regarding exhibits by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 5 regarding exhibits by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 4 regarding exhibits by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 3 regarding exhibits by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 2 regarding exhibits by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ STIPULATION No. 1 regarding exhibits by USA, James S. Faller, II. (CDR) (Entered: 09/02/2015) 06/12/ SEALED UNREDACTED JURY VERDICT re 223 Jury Verdict (CDRS) (Entered: 06/16/2015) 06/12/ Jury Instructions as to James S. Faller, II (TLG) Modified on 6/16/2015 to correct filed date from 6/15/2015 to 6/12/2015 (CDRS). (Entered: 06/15/2015) 06/12/ JURY VERDICT as to James S. Faller II (1) Guilty on Counts 1,3 6,7,8 11. Not guilty on Count 2. (TLG) Modified on 6/17/2015 to correct filed date from 6/15/2015 to 6/12/2015 (CDR). Modified text on 6/17/2015 (CDR). (Entered: 06/15/2015) 06/11/2015 Proceedings held before Chief Judge Joseph H. McKinley, Jr:Jury Trial as to James S. Faller, II held on 6/11/2015 (Court Reporter Terri Turner.) (DAK) (Entered: