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The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

UNITED STATES OF AMERICA, Plaintiff, v. RONALD L. BREKKE, Defendant.

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NO. CR10-328JCC GOVERNMENTS MOTION TO STRIKE BREKKES UNAUTHORIZED FILINGS (Noted: September 9, 2011)

The United States of America, by and through Jenny A. Durkan, United States Attorney for the Western District of Washington, and Tessa M. Gorman and Thomas M. Woods, Assistant United States Attorneys for said District, respectfully moves to strike defendant Brekkes unauthorized filings. Ronald Brekke is charged with conspiracy to violate Title 18, United States Code, Section 641, Theft of Public Money; Title 18, United States Code, Section 287, False, Fictitious, or Fraudulent Claims, and Title 26, United States Code, Section 7206(1), False and Fraudulent Statements. He also is charged with three counts of wire fraud, in violation of Title 18, United States Code, Section 1343. Brekke promoted a fraudulent tax scheme in which he encouraged individuals, including Canadian citizens who had never paid any United States tax, to file tax returns with the United States Treasury

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U N ITED STATES ATTO R N EY 700 Stew art Street, Suite 5220 Seattle, W ashington 98101-1271 (206) 553-7970

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seeking tax refunds equal to the amount of their debts. See Affidavit of Kevin Key 16, MJ11-29 (Jan. 21, 2011). Ronald Brekke presently is represented by Robert Leen.1 On August 16, 2011, Mr. Leen moved to withdraw. Dkt. No. 72. Mr. Leens motion remains pending with the Court. Thus, Mr. Leen presently remains Brekkes counsel. During the pendency of Mr. Leens motion, Brekke has filed a number of motions directly with the Court without the authorization of Mr. Leen. Dkt. Nos. 75-78, 80.2 It is well-established that a defendant does not have a right to proceed pro se and simultaneously to be represented by counsel. United States v. Bergman, 813 F.2d 1027, 1030 (9th Cir. 1987). Moreover, Local Rule 2(g) provides that [w]henever a party has appeared by an attorney, the party cannot thereafter appear or act in his or her own behalf in the case, or take any step therein, until . . . granted an order of substitution by the court terminating the partys attorney as counsel and substituting the party in to proceed pro se. In this case, Mr. Leen represents Brekke. If and until the Court orders that Brekke can proceed pro se, he is not authorized to file motions with the Court directly. Accordingly, the Court should strike Brekkes filings, and order that he not file any motions with the Court directly if and until he is authorized to proceed pro se in this action.3 A proposed order is attached.

On July 18, 2011, Magistrate Judge Donohue conducted a Faretta hearing. During the hearing, Brekke refused to state unequivocally that he wished to represent himself. As a result, the Court ordered that Mr. Leen remain Brekkes counsel. As set forth in the governments request for a status conference, dated June 30, 2011, Brekke has filed a number of frivolous papers with the Court, making various claims, including, for example, that the United States is a bankrupt corporation. Dkt. Nos. 35-38, 42, 44, 59-62, 68-69. If the Court were to deny this motion, the government respectfully requests that it be given an opportunity to respond to Brekkes motion.
U N ITED STATES ATTO R N EY 700 Stew art Street, Suite 5220 Seattle, W ashington 98101-1271 (206) 553-7970

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DATED this 30th day of August, 2011. Respectfully submitted,

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JENNY A. DURKAN United States Attorney

s/Thomas M. Woods TESSA M. GORMAN THOMAS M. WOODS Assistant United States Attorneys United States Attorneys Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101 Phone: 206-553-4312 Fax: 206-553-6934 E-mail: thomas.woods2@usdoj.gov

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U N ITED STATES ATTO R N EY 700 Stew art Street, Suite 5220 Seattle, W ashington 98101-1271 (206) 553-7970

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CERTIFICATE OF SERVICE I hereby certify that on August 30, 2011, I electronically filed the foregoing with

the Clerk of Court using the CM/ECF system which will send notification of such filing
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to the attorney of record for the defendant.

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s/ Andrew Fuller Andrew Fuller Legal Assistant United States Attorneys Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: (206) 553-5127 FAX: (206) 553-0755 E-mail: andrew.fuller@usdoj.gov

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U N ITED STATES ATTO R N EY 700 Stew art Street, Suite 5220 Seattle, W ashington 98101-1271 (206) 553-7970