Case 1:08-cr-00204-LY Document 8

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. JOHN JORGEN MADSEN, Defendant. CASE NO. A-08-CR-204(1)-LY

MOTION FOR SHOW CAUSE HEARING TO DETERMINE WHY DEFENDANT SHOULD NOT BE FOUND IN CONTEMPT OF COURT The United States of America requests a hearing be set to determine why the Defendant, John Jorgen Madsen, should not be found in contempt of court, as follows: 1. On November 5, 2001, in Criminal Case No. CR 01-01010-001-PHX-SRB, United States District Court for the District of Arizona, Defendant John Jorgen Madsen pled guilty in this case to one count of Mail Fraud in violation of 18 U.S.C. 1341. An Amended Judgment filed on May 3, 2005, sentenced him to five years probation and ordered him to pay non-federal restitution in the amount of $2,554,000.00. 2. On July 29, 2008, there was a Transfer of Jurisdiction to the Western District of Texas. The case was assigned the above-styled case number [Doc. 1]. 3. When Defendants probation expired, he stopped making restitution payments, and the United States Attorneys Office began attempting to enforce the debt. As part of the enforcement process, the government scheduled a deposition of Defendant in Austin for March 10, 2011. 4. Defendant failed to appear on that date and on other re-scheduled dates, and

this Court ultimately issued an Order granting the Governments motion to compel his appearance [Doc. 7]. Defendant was ordered to appear at the Office of the U. S. Attorney no

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later than September 3, 20100 for the purpose of being deposed or risk being found in contempt of court. Defendant was further ordered to contact the undersigned counsel for the Government to arrange for a mutually agreeable date for the deposition. 5. Defendant contacted the undersigned counsel, and it was agreed that the deposition would occur on September 8, 201l, in San Antonio, Texas. After business hours on September 7, 2011, Defendant sent the undersigned counsel an email advising her that he would not be present for the deposition and that he now had an attorney. That attorney and the undersigned subsequently agreed to re-schedule the deposition for September 30, 2011. After business hours on September 29, 2011, Defendant emailed the undersigned counsel, telling her he would not be able to attend the deposition. The undersigned counsel and Defendants counsel spoke by telephone the next morning and it was confirmed that Defendant was not going to appear. Defendants counsel advised that he would not be representing Defendant in any future efforts related to Defendants deposition. A true copy of the email train setting out the foregoing events is attached as Exhibit A. 6. As set out in the Governments previously filed Motion to Compel Defendants Attendance at Deposition [Doc. 6], this Defendant has a pattern of noncompliance. His conduct since being ordered to the deposition only continues that pattern. WHEREFORE, premises considered, the United States prays that a hearing be set for Defendant to show cause why he should not be found in contempt of court. Respectfully submitted, ROBERT PITMAN United States Attorney By: /s/ Susan B. Biggs Assistant United States Attorney 601 N.W. Loop 410, Suite 600

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San Antonio, Texas 78216 (Tel.) (210) 384-7255 (Fax) (210) 384-7247 SBN (Texas ) 02312500 susan.biggs@usdoj.gov

CERTIFICATE OF SERVICE I hereby certify that on the 6th day of October, 2011, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will notify the following: Austin Duty AUSA and I hereby certify that I have mailed by United States Postal Service the document to the following non-CM/ECF participant: John Jorgen Madsen 2220 Dogwood Ranch Avenue Henderson, NV 89052 /s/ Susan B. Biggs Assistant U.S. Attorney