Case 1:08-cr RLV-DCK Document 163 Filed 11/20/09 Page 1 of 2

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Transcription:

Case 1:08-cr-00055-RLV-DCK Document 163 Filed 11/20/09 Page 1 of 2

Case 1:08-cr-00055-RLV-DCK Document 163 Filed 11/20/09 Page 2 of 2

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CRIMINAL DOCKET NO. 1:08CR55-RLV UNITED STATES OF AMERICA ) ) ) vs. ) O R D E R ) DISMISSING INDICTMENT KATHY RAY WAHLER (1) ) EDWARD WILLIAM WAHLER (2) ) LEWIS VINCENT HUGHES (3) ) Defendants. ) ) Pursuant to the jury verdict returned Friday, November 20, 2009, which acquitted the Defendants identified herein of all charges, the offenses alleged within the Bill of Indictment with reference to Defendants KATHY RAY WAHLER, EDWARD WILLIAM WAHLER, and LEWIS VINCENT HUGHES, are hereby DISMISSED with prejudice. Signed: November 24, 2009 Case 1:08-cr-00055-RLV-DCK Document 166 Filed 11/24/09 Page 1 of 1

Case: 09-5081 Document: 1 Date Filed: 11/18/2009 Page: 1 Filed: November 18, 2009 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5081 (1:08-cr-00055-RLV-DCK) UNITED STATES OF AMERICA, v. Plaintiff - Appellee KATHY RAY WAHLER; EDWARD WILLIAM WAHLER, Originating Court Originating Court Case Number Date notice of appeal filed in originating court Appellant(s) Defendants - Appellants NOTICE OF APPELLATE CASE OPENING United States District Court for the Western District of North Carolina at Asheville 1:08-cr-00055-RLV-DCK 11/18/2009 Appellate Case Number 09-5081 Case Manager Kathy Ray Wahler & Edward William Wahler Tony Webb 804-916-2702 The above-captioned case has been opened in this Court. Case 1:08-cr-00055-RLV-DCK Document 150 Filed 11/18/09 Page 1 of 1

CLOSED U.S. District Court Western District of North Carolina (Asheville) CRIMINAL DOCKET FOR CASE #: 1:08-cr-00055-RLV-DCK All Defendants Case title: USA v. Wahler et al Date Filed: 06/03/2008 Date Terminated: 01/21/2010 Assigned to: District Judge Richard Voorhees Referred to: Magistrate Judge David Keesler Appeals court case number: 09-5081 4th Circuit Defendant (1) Kathy Ray Wahler TERMINATED: 11/20/2009 represented by Kathy Ray Wahler 13 Pine Burr Road Asheville, NC 28806 PRO SE Angela G. Parrott Federal Defenders of Western North Carolina, Inc. 129 West Trade St., Suite 300 Charlotte, NC 28202 704-374-0720 Fax: 704-374-0722 Email: angela_parrott@fd.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Fredilyn Sison Federal Defenders of Western NC 1 Page Avenue Suite 210 Asheville, NC 28801 828-232-9992 Fax: 828-232-5575

Email: Fredilyn_Sison@fd.org ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts None Disposition Highest Offense Level (Opening) None Terminated Counts CONSPIRACY TO DEFRAUD THE UNITED STATES (1) FRAUDS AND SWINDLES (2-20) BANK FRAUD (25) BANK FRAUD (27-32) Disposition Highest Offense Level (Terminated) Felony Complaints None Disposition Assigned to: District Judge Richard Voorhees Referred to: Magistrate Judge David Keesler Appeals court case number: 09-5081 4th Circuit Defendant (2) Edward William Wahler represented by Edward William Wahler

TERMINATED: 11/20/2009 23050058 Buncombe County Detention Center 20 Davidson Drive Asheville, NC 28801 PRO SE William R. Terpening Anderson Terpening PLLC 409 East Blvd. Charlotte, NC 28203 704-372-7370 Fax: 704-372-7411 Email: WRT@AndersonTerpening.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts None Disposition Highest Offense Level (Opening) None Terminated Counts CONSPIRACY TO DEFRAUD THE UNITED STATES (1) FRAUDS AND SWINDLES (20-24) BANK FRAUD (25-26) Disposition Highest Offense Level (Terminated) Felony Complaints None Disposition

Assigned to: District Judge Richard Voorhees Referred to: Magistrate Judge David Keesler Defendant (3) Lewis Vincent Hughes TERMINATED: 11/20/2009 represented by Lewis Vincent Hughes USM# 34098-086 Federal Correctional Institution PO Box 1000 Butner, NC 27509 PRO SE David Q. Burgess 1409 Thomas Ave. Charlotte, NC 28205 704-377-9800 Fax: 704-377-9828 Email: dburgess@dqblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts None Disposition Highest Offense Level (Opening) None Terminated Counts CONSPIRACY TO DEFRAUD THE UNITED STATES (1) FRAUDS AND SWINDLES (21-22) BANK FRAUD (25-26) Disposition Highest Offense Level

(Terminated) Felony Complaints None Disposition Assigned to: District Judge Richard Voorhees Referred to: Magistrate Judge David Keesler Defendant (4) Richard Walser Turner TERMINATED: 01/21/2010 Pending Counts None represented by James F. Wyatt, III Wyatt & Blake, LLP 435 E. Morehead St. Charlotte, NC 28202 704-331-0767 Fax: 704-331-0773 Email: jfw@wyattlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Disposition Highest Offense Level (Opening) None Terminated Counts CONSPIRACY TO DEFRAUD THE UNITED STATES (1) FRAUDS AND SWINDLES (3-5) FRAUDS AND SWINDLES (17) Disposition BILL OF INDICTMENT IS DISMISSED WITH PREJUDICE BILL OF INDICTMENT IS DISMISSED WITH PREJUDICE BILL OF INDICTMENT IS DISMISSED WITH PREJUDICE FRAUDS AND SWINDLES BILL OF INDICTMENT IS

(19) DISMISSED WITH PREJUDICE Highest Offense Level (Terminated) Felony Complaints None Disposition Plaintiff USA represented by Craig D. Randall U.S. Attorneys Office 227 W. Trade St. Charlotte, NC 28202 704/344-6222 Fax: 704/227-0197 Email: craig.randall@usdoj.gov TERMINATED: 07/28/2008 LEAD ATTORNEY Jill Westmoreland Rose United States Attorney 100 Otis Street Asheville, NC 28801 828-271-4661 Fax: 828-271-4670 Email: jill.rose@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark T. Odulio U.S. Attorney Office 227 W. Trade St., Suite 1700 Charlotte, NC 28202 704-344-6222 Fax: 704-344-6629 Email: mark.odulio@usdoj.gov ATTORNEY TO BE NOTICED Date Filed # Docket Text

06/03/2008 1 INDICTMENT as to Kathy Ray Wahler (1) count(s) 1, 2-20, 25, 27-32, Edward William Wahler (2) count(s) 1, 20-24, 25-26, Lewis Vincent Hughes (3) count(s) 1, 21-22, 25-26, Richard Walser Turner (4) count(s) 1, 3-5, 17, 19. (thh) (Entered: 06/05/2008) 06/05/2008 2 Arrest Warrant Issued in case as to Kathy Ray Wahler. (thh) (thh). (Entered: 06/05/2008) 06/05/2008 3 Arrest Warrant Issued in case as to Edward William Wahler. (thh) (thh). (Entered: 06/05/2008) 06/05/2008 4 Arrest Warrant Issued in case as to Lewis Vincent Hughes. (thh) (thh). (Entered: 06/05/2008) 06/05/2008 Judge update in case as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, Richard Walser Turner. District Judge Richard Voorhees added. siw). (Entered: 06/05/2008) 06/11/2008 5 Summons Issued (Sealed - Court) in case as to Richard Walser Turner Initial Appearance set for 7/21/2008 10:10 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge David Keesler. (mga) (Entered: 06/11/2008) 06/16/2008 11 Summons Returned Executed (Sealed - Court) on 6/12/08 as to Richard Walser Turner (ejb) (Entered: 06/18/2008) 06/16/2008 Arrest of Kathy Ray Wahler (siw) (Entered: 08/26/2008) 06/16/2008 Arrest of Edward William Wahler (siw) (Entered: 08/26/2008) 06/17/2008 Minute Entry: Initial Appearance as to Kathy Ray Wahler, Edward William Wahler held on 6/17/2008. for proceedings held before Judge Magistrate Judge Carl Horn, III:Government attorney: Craig Randall & Mark Odulio. Defendant attorney: Kevin Tate. (Court Reporter FTR) (tob) (Entered: 06/17/2008) 06/17/2008 6 ProSe Order of Dismissal filed in open court by Edward William Wahler (tob) (Entered: 06/17/2008) 06/17/2008 7 ProSe Order of the Court, that the bond of Carl Horn, III hereby arrested in open court by Edward William Wahler (tob) (Entered: 06/17/2008) 06/17/2008 Set Deadlines/Hearings as to Kathy Ray Wahler, Edward William Wahler: Arraignment set for 6/20/2008 09:50 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge Carl Horn III Detention Hearing set

for 6/20/2008 09:50 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge Carl Horn III. (tob) (Entered: 06/17/2008) 06/17/2008 8 ProSe Order of Dismissal by Edward William Wahler. (tob) (Entered: 06/18/2008) 06/17/2008 9 ProSe filing titled THE SCRIPTURES by Edward William Wahler (tob) (Entered: 06/18/2008) 06/17/2008 10 ProSe Notice by Edward William Wahler (tob) (Entered: 06/18/2008) 06/19/2008 ORAL ORDER as to Kathy Ray Wahler, Edward William Wahler granting Oral Motion via Atty Scheer to Appoint Counsel by Magistrate Judge Carl Horn, III on 6/19/08. (tob) (Entered: 06/19/2008) 06/20/2008 12 CJA 20 (Restricted) as to Edward William Wahler: Appointment of Attorney William R. Terpening for Edward William Wahler (mga) (Entered: 06/20/2008) 06/20/2008 Attorney update in case as to Kathy Ray Wahler. Attorney Angela G. Parrott for Kathy Ray Wahler added. (mga) (Entered: 06/20/2008) 06/20/2008 Minute Entry: Arraignment as to Edward William Wahler (2) Count 1,20-24,25-26 and Detention Hearing held on 6/20/2008 for proceedings held before Judge Magistrate Judge Carl Horn, III:Government attorney: Mark Odulio & Craig Randall. Defendant attorney: Will Terpening. (Court Reporter FTR) (tob) (Entered: 06/20/2008) 06/20/2008 13 ORDER OF DETENTION as to Edward William Wahler. Signed by Magistrate Judge Carl Horn, III on 6/20/08. (tob) (Entered: 06/20/2008) 06/20/2008 14 SCHEDULING ORDER as to Edward William Wahler Docket Call set for 6/30/2008 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees.. Signed by Magistrate Judge Carl Horn, III on 6/20/08. (tob) (Entered: 06/20/2008) 06/20/2008 15 Standard Discovery Order in case as to Edward William Wahler.. Signed by Magistrate Judge Carl Horn, III on 6/20/08. (tob) (Entered: 06/20/2008) 06/20/2008 Minute Entry: Arraignment as to Kathy Ray Wahler (1) Count 1,2-20,25,27-32 and Detention Hearing held on 6/20/2008 for proceedings held before Judge Magistrate Judge Carl Horn

III:Government attorney: Mark Odulio & Craig Randall. Defendant attorney: Angela Parrott. (Court Reporter FTR) (tob) (Entered: 06/20/2008) 06/20/2008 16 ORDER (Restricted)Setting Conditions of Release as to Kathy Ray Wahler (1) 100KU w/ems. Signed by Magistrate Judge Carl Horn, III on 6/20/08. (tob) (Additional attachment(s) added on 6/20/2008: # 1 Order Setting Conditions of Release) (tob). (Entered: 06/20/2008) 06/20/2008 17 Unsecured Bond Entered (Restricted) as to Kathy Ray Wahler in amount of $ 100,000 w/ems,. Signed by Magistrate Judge Carl Horn, III on 6/20/08. (tob) (Entered: 06/20/2008) 06/20/2008 18 SCHEDULING ORDER as to Kathy Ray Wahler Docket Call set for 6/30/2008 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees.. Signed by Magistrate Judge Carl Horn, III on 6/20/08. (tob) (Entered: 06/20/2008) 06/20/2008 19 Standard Discovery Order in case as to Kathy Ray Wahler.. Signed by Magistrate Judge Carl Horn, III on 6/20/08. (tob) (Entered: 06/20/2008) 06/23/2008 20 MOTION to Continue Docket Call/Trial by Edward William Wahler. Responses due by 7/7/2008. (Wallace, Sarah) (Entered: 06/23/2008) 06/24/2008 21 MOTION to Continue Docket Call/Trial by Kathy Ray Wahler. Responses due by 7/7/2008. (Parrott, Angela) (Entered: 06/24/2008) 06/24/2008 22 Amended MOTION to Continue Docket Call/Trial by Edward William Wahler. Responses due by 7/7/2008. (Terpening, William) (Entered: 06/24/2008) 06/24/2008 23 ORDER granting 20 22 Motion to Continue Docket Call/Trial as to Edward William Wahler (2). Docket Call set for 9/8/2008 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees. Signed by District Judge Richard Voorhees on 6/23/2008. (tmg) (Entered: 06/24/2008) 06/24/2008 24 ORDER TO CONTINUE - Ends of Justice as to Kathy Ray Wahler. Time excluded from 6/30/2008 until 9/8/2008. Docket Call set for 9/8/2008 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees.. Signed by District Judge Richard Voorhees on 6/23/2008. (tmg) (Entered: 06/24/2008)

06/24/2008 25 ORDER denying as moot 22 Amended MOTION to Continue Docket Call/Trial filed by Edward William Wahler. Signed by District Judge Richard Voorhees on 6/24/2008. (tmg) (Entered: 06/24/2008) 06/24/2008 26 MOTION to Withdraw as Attorney and/or for Inquiry Into Status of Counsel by William R. Terpening. by Edward William Wahler. Motions referred to David Keesler(Terpening, William) (Entered: 06/24/2008) 06/25/2008 NOTICE OF HEARING as to Edward William Wahler: Inquiry into Status of Counsel Hearing set for 7/21/2008 10:20 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(mga) (Entered: 06/25/2008) 07/02/2008 27 TRANSCRIPT of Arraignment & Detention Hearing as to Edward William Wahler held on 6-20-08 before Judge Carl Horn, III. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 9/30/2008. (Reporter: Joy Kelly, 704-350-7495) (Entered: 07/02/2008) 07/02/2008 28 NOTICE OF ATTORNEY APPEARANCE: Fredilyn Sison appearing for Kathy Ray Wahler (Sison, Fredilyn) (Entered: 07/02/2008) 07/03/2008 ORAL ORDER rescheduling initial appearance as to Richard Walser Turner for Wednesday, August 27, 2008 at 9:30 a.m.. Entered by Magistrate Judge David Keesler on 7/3/08. (mga) (Entered: 07/03/2008) 07/03/2008 NOTICE OF HEARING as to Richard Walser Turner: Initial Appearance set for 8/27/2008 09:30 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(mga) (Entered: 07/03/2008)

07/07/2008 Attorney update in case as to Kathy Ray Wahler. Attorney Fredilyn Sison for Kathy Ray Wahler added. (tob) (Entered: 07/07/2008) 07/21/2008 Minute Entry: Inquiry into Status of Counsel Hearing as to Edward William Wahler held on 7/21/2008 for proceedings held before Judge Magistrate Judge David Keesler:Government attorney: Jill Rose and Mark Odulio. Defendant attorney: William Terpening. (Court Reporter FTR) (mga) (Entered: 07/21/2008) 07/21/2008 ORAL ORDER granting 26 Motion to Withdraw as Attorney as to Edward William Wahler (2)and appointing Attorney William Terpening as stand-by counsel for the duration of the case Entered by Magistrate Judge David Keesler on 7/21/08. (mga) (Entered: 07/21/2008) 07/23/2008 29 NOTICE of Counter-Claim In Admiralty by Lewis Vincent Hughes (mga) (Entered: 07/23/2008) 07/28/2008 30 NOTICE and Demand: Writ of Error Coram Nobis Demand for Dismissal for Lack of Jurisdiction by Edward William Wahler (ejb) (Entered: 07/28/2008) 07/28/2008 31 Notice of Substitution of Counsel - Attorney update in case as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, Richard Walser Turner. Attorney Craig D. Randall terminated. (Odulio, Mark) (Entered: 07/28/2008) 07/28/2008 34 ATTACHMENT by Edward William Wahler re: 30 Notice (Other) filed by Edward William Wahler (mga) (Entered: 08/05/2008) 07/28/2008 35 ATTACHMENT by Edward William Wahler re: 30 Notice (Other) filed by Edward William Wahler (mga) (Entered: 08/05/2008) 07/29/2008 32 RESPONSE in Opposition by USA as to Edward William Wahler re 30 Notice (Other) (Odulio, Mark) (Entered: 07/29/2008) 08/01/2008 33 JUDICIAL NOTICE: In the Nature of Writ of Error Coram Non Judice & a Demand for Termination or State the Proper Jurisdiction by Edward William Wahler (ejb) (Entered: 08/04/2008) 08/11/2008 36 ORDER as to Edward William Wahler re 30 Notice (Other) filed by Edward William Wahler, 32 Response in Opposition filed by USA denying defendant's Motion to Dismiss

Indictment; stand-by counsel shall screen defendant's proposed pro se filings by discussing each proposed filing with the defendant and certifying in writing that the same has occurred prior to actual filing. Signed by District Judge Richard Voorhees on 8/11/08. (siw) (Entered: 08/11/2008) 08/14/2008 37 MOTION for Reconsideration re 36 Order, or, in the Alternative, to Withdraw as "Stand By" Counsel, by Edward William Wahler as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, Richard Walser Turner. Responses due by 8/28/2008. Motions referred to David Keesler(Terpening, William) (Entered: 08/14/2008) 08/14/2008 38 MOTION to Continue Docket Call/Trial by Kathy Ray Wahler. Responses due by 8/28/2008. (Parrott, Angela) (Entered: 08/14/2008) 08/15/2008 39 ORDER granting 38 Motion to Continue Docket Call/Trial as to Kathy Ray Wahler (1) Docket Call set for Monday, 11/3/2008 @ 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees. Signed by District Judge Richard Voorhees on 8/15/08. (smj) (Entered: 08/15/2008) 08/15/2008 40 ORDER TO CONTINUE - Ends of Justice as to Edward William Wahler Time excluded from 9/8/08 until 11/3/08. Docket Call set for Monday, 11/3/2008 @ 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees.. Signed by District Judge Richard Voorhees on 8/15/08. (smj) (Entered: 08/15/2008) 08/15/2008 42 REQUEST/MOTION for Copy of PINS NLETS Database by Edward William Wahler. Responses due by 8/29/2008. (ejb) (Entered: 08/19/2008) 08/18/2008 41 MOTION to Transfer by USA as to Edward William Wahler. Responses due by 9/2/2008. (Rose, Jill) (Entered: 08/18/2008) 08/25/2008 43 Arrest Warrant Returned Executed on 6/16/08 in case as to Kathy Ray Wahler. (siw) (Entered: 08/26/2008) 08/25/2008 44 Arrest Warrant Returned Executed on 6/16/08 in case as to Edward William Wahler. (siw) (Entered: 08/26/2008) 08/26/2008 Terminate Deadlines and Hearings as to Richard Walser Turner: Govt requested continuance. (mga) (Entered: 08/26/2008) 08/27/2008 Reset Deadlines/Hearings as to Richard Walser Turner: Initial

Appearance reset for 9/3/2008 10:15 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge Carl Horn III. (tob) (Entered: 08/27/2008) 09/02/2008 45 INVOICE by Lewis Vincent Hughes (ejb) (Entered: 09/02/2008) 09/02/2008 46 LETTER re: Acceptance of Offer, dated 8/20/08 by Lewis Vincent Hughes stamped "Received" in Asheville Clerk's Office 9/2/08 (ejb) (Entered: 09/03/2008) 09/03/2008 Minute Entry: INITIAL APPEARANCE, ARRAIGNMENT and DETENTION HEARING as to Richard Walser Turner (4) Count 1,3-5,17,19 held before Magistrate Judge Carl Horn, III. Defendant advised of rights & charges. Defendant pled not guilty. Defendant released on conditions. Government attorney: Mark Odulio. Defendant attorney: James Wyatt. Court Reporter FTR. (tob) (Entered: 09/03/2008) 09/03/2008 NOTICE OF ATTORNEY APPEARANCE: James F. Wyatt, III appearing for Richard Walser Turner (tob) (Entered: 09/03/2008) 09/03/2008 47 Unsecured Bond Entered (Restricted) as to Richard Walser Turner in amount of $ 50,000,. Signed by Magistrate Judge Carl Horn, III on 9/3/08. (tob) (Entered: 09/05/2008) 09/03/2008 48 ORDER (Restricted)Setting Conditions of Release as to Richard Walser Turner (4) 50KU. Signed by Magistrate Judge Carl Horn, III on 9/3/08. (tob) (Entered: 09/05/2008) 09/03/2008 49 SCHEDULING ORDER as to Richard Walser Turner Docket Call set for 11/3/2008 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees.. Signed by Magistrate Judge Carl Horn, III on 9/3/08. (tob) (Entered: 09/05/2008) 09/03/2008 50 Standard Discovery Order in case as to Richard Walser Turner.. Signed by Magistrate Judge Carl Horn, III on 9/3/08. (tob) (Entered: 09/05/2008) 09/10/2008 NOTICE OF HEARING ON MOTION in case as to Edward William Wahler 41 MOTION to Transfer, and 37 MOTION for Reconsideration re 36 Order, MOTION for Reconsideration re 36 Order, : Motion Hearing set for Monday, 10/6/2008 @ 10:30 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees. This is your only notice - you will not receive a separate document.(smj) (Entered: 09/10/2008)

09/12/2008 51 MOTION Regarding Unavailbility re Notice of Hearing on Motion, by Edward William Wahler. Responses due by 9/26/2008. (Terpening, William) (Entered: 09/12/2008) 09/25/2008 52 SUPPLEMENT TO MOTION TO RECONSIDER AND TO MOTION REGARDING UNAVAILABILITY by Edward William Wahler re: 51 Motion for Miscellaneous Relief filed by Edward William Wahler, 37 Motion for Reconsideration, filed by Edward William Wahler (Attachments: # 1 Exhibit 1)(Terpening, William) (Entered: 09/25/2008) 09/30/2008 54 AFFIDAVIT by Edward William Wahler (tmg) (Entered: 10/02/2008) 10/01/2008 53 ORDER granting in part that standby counsel will not be required to screen pro se filings and denying in part that standby counsel be allowed to withdraw altogether as to 37 Motion for Reconsideration as to Edward William Wahler (2); granting 51 Motion regarding unavailability - standby counsel will not have to appear at the October 6, 2008 hearing as to Edward William Wahler (2)Clerk may file pleadings submitted by deft. - screening is no longer required. Signed by District Judge Richard Voorhees on 10/1/08. (smj) (mailing copy to deft.) (Entered: 10/01/2008) 10/06/2008 Minute Order: granting 41 Motion To Transfer Of Inmate as to Edward William Wahler (2); MOTION HEARING as to Edward William Wahler held before District Judge Richard Voorhees. Re 41 MOTION to Transfer. Government attorney: Jill Rose. Defendant attorney: pro se Edward William Wahler. Court reporter: Nuccio. (smj) (Entered: 10/06/2008) 10/06/2008 Oral MOTION for Reconsideration re 13 Order of Detention by pro se Edward William Wahler. Responses due by 10/20/2008. (smj) (Entered: 10/06/2008) 10/09/2008 Arrest of Lewis Vincent Hughes in Western District of Washington. (smj) (Entered: 11/10/2008) 10/17/2008 55 MOTION/PETITION to Reconsider Bail/Bond by Edward William Wahler. Responses due by 10/31/2008. Motions referred to David Keesler(ejb) (Entered: 10/17/2008) 10/17/2008 56 REQUEST/MOTION for Copy of Public Defender Agreement by Edward William Wahler. Responses due by 10/31/2008. (ejb) (Entered: 10/17/2008) 10/17/2008 57 REQUEST/ MOTION for Copy of PINS NLETS Datebase by Edward William Wahler Responses due by 10/31/2008 (ejb)

(Entered: 10/17/2008) 10/17/2008 58 MOTION for Discovery by Edward William Wahler. Responses due by 10/31/2008. Motions referred to David Keesler(ejb) (Entered: 10/17/2008) 10/17/2008 59 NOTICE of Demand for Findings of Fact and Conclusions of Law on all Judicial Determinations by Edward William Wahler (ejb) (Entered: 10/17/2008) 10/17/2008 60 NOTICE of Waiver of Benefits by Edward William Wahler (ejb) (Entered: 10/17/2008) 10/17/2008 61 LETTER by Edward William Wahler to the Clerk of Court (siw) (Entered: 10/21/2008) 10/17/2008 NOTICE OF APPEAL from Order of Magistrate Judge to District Court by Edward William Wahler re 13 Order of Detention ( See document 55 originally filed as motion). (mga) (Entered: 10/30/2008) 10/22/2008 62 Unopposed MOTION to Continue Docket Call/Trial by Kathy Ray Wahler. Responses due by 11/3/2008. (Sison, Fredilyn) (Entered: 10/22/2008) 10/22/2008 63 ORDER granting 62 Motion to Continue Docket Call/Trial as to Kathy Ray Wahler (1) Docket Call RESET for Monday, 1/5/2009 @ 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees. Signed by District Judge Richard Voorhees on 10/22/08. (smj) (Entered: 10/22/2008) 10/22/2008 64 ORDER TO CONTINUE - Ends of Justice as to Edward William Wahler and Richard Walser Turner. Time excluded from 11/3/08 until 1/5/09. Docket Call RESET for Monday, 1/5/2009 @ 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees.. Signed by District Judge Richard Voorhees on 10/22/08. (smj) (Entered: 10/22/2008) 10/30/2008 65 LETTER from the Clerk, Western District of Washington pertaining to defendant Lewis Vincent Hughes instructing WDNC to download documents for Rule 5(c)(3)(D) (smj) (Entered: 10/30/2008) 10/30/2008 69 Rule 5(c)(3) Documents Received as to Lewis Vincent Hughes (smj) (Entered: 11/10/2008) 10/31/2008 66 MOTION to Reconsider Bail re 13 Order of Detention by Edward William Wahler Responses due by 11/17/2008

Motions referred to David Keesler(ejb) (Entered: 11/03/2008) 10/31/2008 67 MOTION for Order Shortening Time for Hearing on Bail re 66 MOTION to Reconsider Bail re 13 Order of Detention by Edward William Wahler. Responses due by 11/17/2008. (ejb) (Entered: 11/03/2008) 10/31/2008 68 AFFIDAVIT by Edward William Wahler 67 MOTION for Order Shortening Time for Hearing on Bail re 66 MOTION to Reconsider Bail re 13 Order of Detention filed by Edward William Wahler (Attachments: # 1 Proposed Order)(ejb) (Entered: 11/03/2008) 12/03/2008 70 MOTION to Continue Docket Call/Trial by Kathy Ray Wahler. Responses due by 12/15/2008. (Parrott, Angela) (Entered: 12/03/2008) 12/03/2008 71 ORDER granting 70 Motion to Continue Docket Call/Trial as to Kathy Ray Wahler (1) Docket Call RESET for Monday, 3/2/2009 @ 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees. Signed by District Judge Richard Voorhees on 12/3/08. (smj) (Entered: 12/03/2008) 12/03/2008 72 ORDER TO CONTINUE - Ends of Justice as to Edward William Wahler, Richard Walser Turner. Docket Call RESET for Monday, 3/2/2009 @ 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees.. Signed by District Judge Richard Voorhees on 12/3/08. (smj) (Entered: 12/03/2008) 12/08/2008 73 NOTICE of Petition for Post Settlement and Closure of the Account Under Public Policy by Edward William Wahler. (nll) (Entered: 12/10/2008) 12/08/2008 74 NOTICE of Petition for Post Settlement and Closure of the Account Under Public Policy by Kathy Ray Wahler. (nll) (Entered: 12/10/2008) 12/12/2008 75 ORDER DENYING AS MOOT 58 Motion for Discovery as to Edward William Wahler (2) Signed by Magistrate Judge David Keesler on 12/12/08. (smj) (Entered: 12/12/2008) 12/17/2008 76 MOTION to Withdraw as Attorney by Angela Parrott and Fredilyn Sison. by Kathy Ray Wahler. Motions referred to David Keesler(Parrott, Angela) (Entered: 12/17/2008) 12/18/2008 NOTICE OF HEARING as to Kathy Ray Wahler: Inquiry into Status of Counsel Hearing set for 1/6/2009 11:00 AM in

Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(mga) (Entered: 12/18/2008) 12/22/2008 Set Deadlines/Hearings as to Lewis Vincent Hughes: Initial Appearance set for 12/23/2008 11:00 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge Carl Horn III. (tob) (Entered: 12/22/2008) 12/23/2008 Minute Entry: INITIAL APPEARANCE as to Lewis Vincent Hughes held before Magistrate Judge Carl Horn, III. Defendant advised of rights & charges. Government moves for detention. Defendant detained pursuant to Rule 5 hrg in Washington. Government attorney: Jill Rose. Defendant attorney: Cecilia Oseguera. Court Reporter FTR. (tob) (Entered: 12/23/2008) 12/23/2008 ORAL ORDER as to Lewis Vincent Hughes granting Oral Motion to Appoint STAND BY Counsel by Magistrate Judge Carl Horn, III on 12/23/08. (tob) (Entered: 12/23/2008) 12/24/2008 77 Second NOTICE For Post Settlement and Closure of The Account Under Public Policy by Edward William Wahler (nll) (Additional attachment(s) added on 12/24/2008: # 1 Main Document) (nll). (Entered: 12/24/2008) 12/24/2008 78 Second NOTICE Post Settlement and Closure of the Account Under Public Policy by Kathy Ray Wahler (nll) (Entered: 12/24/2008) 12/30/2008 79 CJA 20 (Restricted) as to Lewis Vincent Hughes: Appointment of Attorney David Q. Burgess for Lewis Vincent Hughes (mga) (Entered: 12/30/2008) 12/30/2008 NOTICE OF HEARING as to Lewis Vincent Hughes: Arraignment set for 1/5/2009 09:29 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(tob) (Entered: 12/30/2008) 12/31/2008 80 Pro Se Third NOTICE Post Settlement And Closure Of The Account Under Public Policy by Kathy Ray Wahler (smj) (Entered: 12/31/2008) 12/31/2008 81 Pro SE Third NOTICE For Post Settlement And Closure Of The Account Under Public Policy by Edward William Wahler (smj) (Entered: 12/31/2008)

01/05/2009 Minute Entry: ARRAIGNMENT as to Lewis Vincent Hughes (3) Count 1,21-22,25-26 held before Magistrate Judge David Keesler. Defendant pled not guilty. Government attorney: Mark Odulio. Defendant attorney: David Burgess - Stand-by Counsel. Court Reporter FTR. (mga) (Entered: 01/05/2009) 01/05/2009 NOTICE OF HEARING as to Lewis Vincent Hughes: Inquiry into Status of Counsel Hearing set for 1/12/2009 09:45 AM in Magistrate Courtroom, 401 W Trade, Charlotte, NC 28202 before Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(mga) (Entered: 01/05/2009) 01/05/2009 82 SCHEDULING ORDER as to Lewis Vincent Hughes. Docket Call set for 3/2/2009 10:00 AM in Courtroom, 200 W Broad, Statesville, NC 28677 before District Judge Richard Voorhees.. Signed by Magistrate Judge David Keesler on 1/5/2009. (tmg) (Entered: 01/05/2009) 01/05/2009 83 Standard Discovery Order in case as to Lewis Vincent Hughes.. Signed by Magistrate Judge David Keesler on 1/5/2009. (tmg) (Entered: 01/05/2009) 01/05/2009 84 NOTICE of Trustee Appointment, Power of Attorney and Trust Stipulation Under Public Policy in Support of Post Settlement and Closure by Edward William Wahler (Attachments: # 1 Exhibits)(ejb) (Entered: 01/05/2009) 01/05/2009 85 NOTICE of Trustee Appointment, Power of Attorney and Trust Stipulation Under Public Policy in Support of Post Settlement and Closure by Kathy Ray Wahler (Attachments: # 1 Exhibits)(ejb) (Entered: 01/05/2009) 01/06/2009 Minute Entry: INQUIRY INTO STATUS OF COUNSEL as to Kathy Ray Wahler held before Magistrate Judge David Keesler. Government attorney: Mark Odulio. Defendant attorney: Fredilyn Sison and Angela Parrott. Court Reporter FTR. (mga) (Entered: 01/06/2009) 01/06/2009 ORAL ORDER granting 76 Motion to Withdraw as Attorney. Court grants Defendant Kathy Ray Wahler (1) request to proceed pro se. The CDO represented by Attorneys Fredilyn Sison and Angela Parrott will remain as stand Entered by Magistrate Judge David Keesler on 1/6/09. (mga) (Entered: 01/12/2009) 01/07/2009 86 Arrest Warrant Returned Executed on 10/9/2008 in case as to Lewis Vincent Hughes. (pdf) (Entered: 01/07/2009)

01/12/2009 Minute Entry: INQUIRY INTO STATUS OF COUNSEL as to Lewis Vincent Hughes held before Magistrate Judge David Keesler. Government attorney: Mark Odulio. Defendant attorney: David Burgess (Stand-by Counsel). Court Reporter FTR. (mga) (Entered: 01/12/2009) 01/12/2009 ORAL ORDER as to Lewis Vincent Hughes allowing defendant to proceed pro se in this matter. Attorney Burgess will remain as stand-by counsel.. Entered by Magistrate Judge David Keesler on 1/12/09. (mga) (Entered: 01/12/2009) 01/14/2009 88 ORDER denying without prejudice 56 Motion for Copy of Public Defender Agreement as to Edward William Wahler (2) Signed by Magistrate Judge David Keesler on January 13, 2009. (nll) (Entered: 01/14/2009) 01/14/2009 89 ORDER denying without prejudice 42 and 57 Motions for Copy of PINS NLETS Database as to Edward William Wahler (2). Signed by Magistrate Judge David Keesler on January 14, 2009. (nll) (Entered: 01/14/2009) 01/21/2009 90 ORDER denying [] Motion for Reconsideration as to Edward William Wahler (2); denying 66 Motion for Reconsideration as to Edward William Wahler (2); denying 67 Motion Order Shortening Time for Hearing on Bail as to Edward William Wahler (2) Signed by District Judge Richard Voorhees on January 21, 2009. (nll) (Entered: 01/21/2009) 01/23/2009 NOTICE OF HEARING as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes and Richard Walser Turner: Status Conference set for Tuesday, 2/10/2009 @ 2:00 PM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. This is your only notice - you will not receive a separate document.(smj) (Entered: 01/23/2009) 01/23/2009 91 NOTICE of Address Correction by Kathy Ray Wahler (nll) (Entered: 01/23/2009) 01/28/2009 92 LETTER to Frank John - Court Clerk & Beth Mitchell - Financial Deputy re: Forensic Accounting Request-Account # 1:08cr55-V/XXX-XX-8439 by Lewis Vincent Hughes (ejb) Modified on 2/11/2009 by changing file date to correct date of 1/28/09 and Regenerated NEF (ejb). (Entered: 01/29/2009) 02/03/2009 93 2nd LETTER to Frank Johns - Court Clerk & Beth Mitchell - Financial Deputy re: Forensic Accounting Request-Account # 1:08cr55-V/XXX-XX-8439 by Lewis Vincent Hughes re: 92

Letter filed by Lewis Vincent Hughes (ejb) (Entered: 02/03/2009) 02/05/2009 94 MOTION Motion to Waive His Appearance At Status Conference by Richard Walser Turner. Responses due by 2/20/2009. (Wyatt, James) (Entered: 02/05/2009) 02/05/2009 95 ORDER granting 94 Motion To Waive Appearance At Status Conference as to Richard Walser Turner (4) Signed by District Judge Richard Voorhees on 2/5/09. (smj) (Entered: 02/05/2009) 02/10/2009 Minute Entry: STATUS CONFERENCE as to Kathy Ray Wahler, Edward William Wahler and Lewis Vincent Hughes held before District Judge Richard Voorhees. Government attorney: Jill Rose. Defendants' standby attorneys: Angela Parrott, Fredilyn Sison and David Burgess. Court Reporter Nuccio. (smj) (Entered: 02/10/2009) 02/10/2009 ORAL ORDER by Judge Voorhees as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes and Richard Walser Turner ordering that the case is continued to the May 2009 Trial Term. (smj) (Entered: 02/10/2009) 02/10/2009 NOTICE OF HEARING as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, and Richard Walser Turner: Docket Call RESET for Monday, 5/4/2009 @ 10:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. This is your only notice - you will not receive a separate document.(smj) (Entered: 02/10/2009) 02/10/2009 NOTICE OF HEARING as to Kathy Ray Wahler, Edward William Wahler and Lewis Vincent Hughes: Status Conference set for Tuesday, 4/7/2009 @ 3:00 PM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. STANDBY COUNSEL TO BE PRESENT FOR HEARING. This is your only notice - you will not receive a separate document.(smj) (Entered: 02/10/2009) 02/12/2009 96 RESPONSE to Motion by USA as to Edward William Wahler re 58 MOTION for Discovery (Attachments: # 1 Log)(Rose, Jill) (Entered: 02/12/2009) 02/13/2009 98 Pro Se MOTION to Dismiss Charges by Kathy Ray Wahler. Responses due by 3/2/2009. (Attachments: # 1 proposed order)(smj) (Entered: 02/17/2009) 02/13/2009 99 Pro Se MOTION to Dismiss Charges by Virginia Wahler for Edward William Wahler Responses due by 3/2/2009

(Attachments: # 1 proposed order)(smj) (Entered: 02/17/2009) 02/15/2009 97 TRANSCRIPT of Status Hearing as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes held on 2/10/09 before Judge Voorhees. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 5/18/2009. (Reporter: Cheryl Nuccio, 704-350-7494) (Entered: 02/15/2009) 02/17/2009 100 MOTION for Instruction Regarding "Standby Counsel" Role and Notice of Unavailability by Edward William Wahler. Responses due by 3/2/2009. (Terpening, William) (Entered: 02/17/2009) 02/18/2009 101 Unopposed MOTION to Travel by Richard Walser Turner. Responses due by 3/2/2009. Motions referred to David Keesler(Wyatt, James) (Entered: 02/18/2009) 02/18/2009 102 ORDER granting 101 Motion to Travel to China from 2/27/09 to 3/8/090 as to Richard Walser Turner (4) Signed by Magistrate Judge David Keesler on 2/18/09. (smj) (Entered: 02/18/2009) 02/27/2009 103 Submission of Named Defendant For Settlement And Closure by Kathy Ray Wahler (nll) (Entered: 02/27/2009) 03/31/2009 105 ORDER granting extension of time to complete evaluation as to Lewis Vincent Hughes re 104 Sealed Order - Court,. Signed by Magistrate Judge David Keesler on 3/31/09. (mga) (Entered: 04/06/2009) 04/07/2009 106 SEALED DOCUMENT (Sealed - Attorney): by Kathy Ray Wahler; (available to: Kathy Ray Wahler, USA) (smj) (Entered: 04/07/2009) 04/07/2009 Minute Entry: STATUS CONFERENCE as to Kathy Ray Wahler, Edward William Wahler and Lewis Vincent Hughes held before District Judge Richard Voorhees. Defendant Lewis Vincent Hughes is not present for the hearing.government attorney: Jill Rose Defendants attorneys: Angela Parrott

Fredilyn Sison, William Terpening & David Burgess. Court Reporter Nuccio. (smj) (Entered: 04/07/2009) 04/07/2009 ORAL ORDER by Judge Voorhees as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, and Richard Walser Turner ordering the case is continued to the July 6, 2009 Term in Statesville. (smj) (Entered: 04/07/2009) 04/07/2009 Set/Reset Hearings as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, and Richard Walser Turner: Docket Call RESET for Monday, 7/6/2009 @ 10:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. (smj) (Entered: 04/07/2009) 04/17/2009 107 TRANSCRIPT of Status Conference as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes held on 4/7/09 before Judge Voorhees. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 7/16/2009. (Reporter: Cheryl Nuccio, 704-350-7494) (Entered: 04/17/2009) 05/28/2009 108 NOTICE OF AFFIDAVIT OF ADMISSIONS IN COMMERCE BY NEGATIVE AVERMENT by Kathy Ray Wahler (Attachments: # 1 Part 1 # 2 Part 2 # 3 Part 3 # 4Part 4 )(nll) (Entered: 06/02/2009) 06/05/2009 109 MOTION to Travel by Richard Walser Turner. Responses due by 6/19/2009. Motions referred to David Keesler(Wyatt, James) (Entered: 06/05/2009) 06/08/2009 NOTICE OF HEARING as to Richard Walser Turner: Plea Hearing - Straight Up set for 7/1/2009 10:00 AM before Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(mga) (Entered: 06/08/2009) 06/08/2009 110 ORDER granting 109 Motion to Travel from June 22, 2009 through June 26, 2009 as to Richard Walser Turner (4). Signed by Magistrate Judge David Keesler on 6/8/09 (smj)

(Entered: 06/08/2009) 06/15/2009 NOTICE OF HEARING as to Kathy Ray Wahler, Edward William Wahler snd Lewis Vincent Hughes: Status Conference set for Tuesday, 6/23/2009 @ 2:30 PM in Courtroom 2, 401 W Trade St, Charlotte, NC 28202 before District Judge Richard Voorhees. PLEASE NOTE THIS HEARING WILL BE HELD IN CHARLOTTE. This is your only notice - you will not receive a separate document.(smj) (Entered: 06/15/2009) 06/15/2009 112 NOTICE of Objection for Lack of Ratification of Commencement and Demands for Disclosure of Information and Relief for Beneficiary by Lewis Vincent Hughes (Attachments: # 1 Envelope)(nll) (Entered: 06/19/2009) 06/18/2009 111 NOTICE NOTICE OF INTENT TO INTRODUCE POTENTIAL TESTIMONY PURSUANT TO FED. R. EVID. 702, 703, AND 705 by USA as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, Richard Walser Turner (Attachments: # 1 Exhibit 1)(Odulio, Mark) (Entered: 06/18/2009) 06/19/2009 113 Psychiatric Report (Sealed - Attorney) as to Lewis Vincent Hughes (available to: USA, Lewis Vincent Hughes) (ssh) (Entered: 06/19/2009) 06/22/2009 NOTICE OF HEARING as to Lewis Vincent Hughes: Competency Hearing set for Tuesday, 6/23/2009 @ 2:30 PM in Courtroom 2, 401 W Trade St, Charlotte, NC 28202 before District Judge Richard Voorhees. This is your only notice - you will not receive a separate document.(smj) (Entered: 06/22/2009) 06/22/2009 114 MOTION to Continue Docket Call/Trial by Lewis Vincent Hughes as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, Richard Walser Turner. Responses due by 7/6/2009. (Burgess, David) (Entered: 06/22/2009) 06/23/2009 Minute Order: granting 114 Motion to Continue Docket Call/Trial as to Kathy Ray Wahler (1), Edward William Wahler (2), Lewis Vincent Hughes (3)( Docket Call set for 9/21/2009 10:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees.); STATUS CONFERENCE as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes held; COMPETENCY HEARING as to Lewis Vincent Hughes held. Deft Hughes has not seen report. Court will take up competency matter at next hearing. Hearings held in Charlotte, NC before Richard L. Voorhees Government attorney: Rose Defendant attorney:

Sison, Terpening, Burgess. Court reporter: Nuccio. (ssh) Modified on 7/1/09 to show competency hearing held smj). (Entered: 06/24/2009) 06/23/2009 Oral MOTION to Modify Conditions of Release by removing ankle bracelet. by Kathy Ray Wahler. Responses due by 7/6/2009. Motions referred to David Keesler(ssh) (Entered: 06/24/2009) 06/23/2009 Oral ORDER taking under advisement [] Motion to Modify Conditions of Release as to Kathy Ray Wahler (1) Signed by District Judge Richard Voorhees on 6/23/09. (ssh) (Entered: 06/24/2009) 07/02/2009 ORAL ORDER TO CONTINUE - Ends of Justice by Judge Voorhees as to Richard Walser Turner - Time excluded from 7/6/09 until 9/21/09. Docket Call RESET for Monday, 9/21/2009 @ 10:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. (smj) (Entered: 07/02/2009) 07/06/2009 115 Returned Mail Undeliverable as to Lewis Vincent Hughes. Mail sent to Federal Correctional Institution in Butner, NC--After checking on the BOP website, their information says Mr. Hughes has been released. (jhg) (Entered: 07/07/2009) 08/19/2009 116 NOTICE and DEMAND by Kathy Ray Wahler (Attachments: # 1 Declaration for Revocation)(jhg) (Entered: 08/20/2009) 08/24/2009 117 NOTICE of Potential Scheduling Conflict by Edward William Wahler (Taylor, Nathan) (Entered: 08/24/2009) 09/01/2009 118 MOTION to Continue Docket Call/Trial by USA as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, Richard Walser Turner. Responses due by 9/14/2009. (Rose, Jill) (Entered: 09/01/2009) 09/09/2009 119 ORDER granting 118 Motion to Continue Docket Call/Trial as to Kathy Ray Wahler (1), Edward William Wahler (2), Lewis Vincent Hughes (3), and Richard Walser Turner (4) Docket Call RESET for Monday, 1/11/2010 @ 10:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. Signed by District Judge Richard Voorhees on 9/9/09. (smj) (Entered: 09/09/2009) 10/06/2009 120 MOTION Re-Schedule Trial Setting to the November trial session by USA as to Kathy Ray Wahler, Edward William Wahler Lewis Vincent Hughes Richard Walser Turner

Responses due by 10/19/2009. (Rose, Jill) (Entered: 10/06/2009) 10/08/2009 121 FINAL PRETRIAL ORDER as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes and Richard Walser Turner GRANTING re 120 MOTION Re- Schedule Trial Setting filed by USA. Docket Call RESET for Monday, 11/2/2009 @ 10:00 AM; Jury Selection set for Tuesday, 11/3/2009 @ 9:30 AM; Jury Trial set for Thursday, 11/12/2009 @ 9:30 AM - Docket call, jury selection and jury trial will be held in Statesville before District Judge Richard Voorhees. Motions In Limine must be filed on or before Friday, 11/6/09. STAND-BY COUNSEL SHALL BE RESPONSIBLE FOR NOTIFYING THEIR RESPECTIVE CLIENTS OF THE NEW TRIAL DATE AND ATTENDANT DEADLINES.. Signed by District Judge Richard Voorhees on 10/8/09. (smj) Modified on 10/8/20 to add final pretrial to type of order filed(smj). (Entered: 10/08/2009) 10/08/2009 motions terminated as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes, Richard Walser Turner: 120 MOTION Re-Schedule Trial Setting. Order 121 filed 10/8/09 granting motion.. Signed by District Judge Richard Voorhees on 10/8/09. (smj) (Entered: 10/08/2009) 10/19/2009 122 RESPONSE to Motion by Kathy Ray Wahler re 120 MOTION Re-Schedule Trial Setting to the November trial session (jhg) (Entered: 10/21/2009) 10/20/2009 125 Verified NOTICE for Conditional Acceptance of Offers to Contract by Kathy Ray Wahler (ejb) (Entered: 10/27/2009) 10/22/2009 NOTICE OF HEARING as to Richard Walser Turner: Plea Hearing - Straight Up set for 10/26/2009 10:15 AM before Magistrate Judge David Keesler. This is your only notice - you will not receive a separate document.(mga) (Entered: 10/22/2009) 10/22/2009 126 NOTICE of Writ of Praecipe (filed by Carol Lynn Engen on behalf of Lewis Vincent Hughes ) (Attachments: # 1 Special Power of Attorney, # 2 Envelope)(pdf) (Entered: 10/27/2009) 10/26/2009 123 PLEA AGREEMENT (Restricted) as to Richard Walser Turner (mga) (Entered: 10/26/2009) 10/26/2009 Minute Entry: PLEA HEARING as to Richard Walser Turner held before Magistrate Judge David Keesler Defendant sworn

and advised of rights and charges. Court reviews plea agreement. Plea Entered by Richard Walser Turner (4) Guilty Count 1. Plea accepted. Government attorney: Mark Odulio. Defendant attorney: James Wyatt. Court Reporter FTR. (mga) (Entered: 10/26/2009) 10/26/2009 124 ACCEPTANCE and entry of Guilty Plea as to Richard Walser Turner signed by Magistrate Judge David Keesler. (mga) (Entered: 10/26/2009) 10/30/2009 127 EXHIBITS by Kathy Ray Wahler, Edward William Wahler (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6 Attachment 6, # 7 Attachment 7, # 8 Attachment 8, # 9 Attachment 9, # 10 Attachment 10, # 11 Attachment 11, # 12 Attachment 12, # 13 Attachment 13, # 14 Attachment 14, # 15 Attachment 15, # 16 Attachment 16, # 17 Attachment 17)(thh) (Entered: 11/02/2009) 11/02/2009 Minute Entry: DOCKET CALL as to Kathy Ray Wahler held before District Judge Richard Voorhees. Jury Selection set for Tuesday, 11/3/2009 @ 9:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees.Government attorney: Jill Rose. Defendant's standby counsel: Angela Parrott & Fredilyn Sison. Court Reporter Nuccio. (smj) (Entered: 11/02/2009) 11/02/2009 Minute Entry: DOCKET CALL as to Edward William Wahler held before District Judge Richard Voorhees. Jury Selection set for Tuesday, 11/3/2009 @ 9:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees.Government attorney: Jill Rose. Defendant's standby counsel: William Terpening. Court Reporter Nuccio. (smj) (Entered: 11/02/2009) 11/02/2009 Minute Entry: DOCKET CALL as to Lewis Vincent Hughes held before District Judge Richard Voorhees. Jury Selection set for Tuesday, 11/3/2009 @ 9:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees.Government attorney: Jill Rose. Defendant's standby counsel: David Burgess. Court Reporter Nuccio. (smj) (Entered: 11/02/2009) 11/02/2009 ORAL ORDER by Judge Voorhees denyng as to Kathy Ray Wahler re 122 Response/Objections to reschedulng the trial for the November 2009 Term (smj) (Entered: 11/02/2009) 11/02/2009 128 SEQUESTRATION ORDER as to Kathy Ray Wahler

Edward William Wahler, and Lewis Vincent Hughes. Signed by District Judge Richard Voorhees on November 2, 2009. (jhg) Modified on 11/3/2009 - order does not apply to deft. no. 4 Turner(smj). (Entered: 11/02/2009) 11/03/2009 129 WITNESS LIST (Sealed - Participants) by USA as to Kathy Ray Wahler, Edward William Wahler, Lewis Vincent Hughes (Rose, Jill) (Entered: 11/03/2009) 11/03/2009 Minute Entry: JURY SELECTION as to Kathy Ray Wahler, Edward William Wahler and Lewis Vincent Hughes held before District Judge Richard Voorhees. Jury selected. Government attorneys: Jill Rose & Mark Odulio. Defendants standby counsel: Fredilyn Sison, William Terpening & David Burgess. Defendants are representing themselves.court Reporter Laura Andersen. (smj) (Entered: 11/03/2009) 11/03/2009 Oral MOTION to Dismiss by Edward William Wahler. (smj) (Entered: 11/03/2009) 11/03/2009 Minute Entry: MOTION HEARING as to Kathy Ray Wahler, Edward William Wahler, and Lewis Vincent Hughes held before District Judge Richard Voorhees. Re Oral MOTION to Dismiss. Court instructs defendants as to jury selection.government attorneys: Jill Rose & Mark Odulio. Standby counsel: Fredilyn Sison, William Terpening & David Burgess. Court Reporter Laura Andersen. (smj) (Entered: 11/03/2009) 11/03/2009 Oral ORDER by Judge Voorhees denying []Oral Motion to Dismiss as to Edward William Wahler (2) (smj) (Entered: 11/03/2009) 11/03/2009 130 DEFENDANTS WITNESS LIST (Sealed - Participants) by Kathy Ray Wahler, Edward William Wahler and Lewis Vincent Hughes (smj) (Entered: 11/04/2009) 11/03/2009 131 Defendants proposed voir dire question filed by Kathy Ray Wahler, Edward William Wahler, and Lewis Vincent Hughes (smj) Modified on 11/4/2009(smj). Regenerated NEF. (Entered: 11/04/2009) 11/03/2009 132 SEALED DOCUMENT/Peremptory Challenges (Sealed - Attorney): by Kathy Ray Wahler; (available to: Kathy Ray Wahler, USA, Edward William Wahler, Lewis Vincent Hughes) (smj) (Entered: 11/04/2009) 11/03/2009 133 SEALED DOCUMENT/Peremptory Challenges (Sealed - Attorney): by Edward William Wahler; (available to: Kathy