The opinion of the court was delivered by: Honorable Jan E. DuBois
AND NOW, this 20th day of March, 2009, upon consideration of defendant's Motion to Stay Sentence Pending Appeal (Document No. 171, filed March 5, 2009); and The United States' Response to the Defendant's Motion for Release Pending Appeal (Document No. 179, filed March 16, 2009),for the reasons that follow in the attached Memorandum, IT IS ORDERED that defendant's Motion to Stay Sentence Pending Appeal is DENIED.
IT IS FURTHER ORDERED that the government's request to STRIKE from the record defendant's account of the details of the allegations against Hector Ayala is GRANTED. That part of defendant's Memorandum of Law in Support of Motion to Stay Sentence Pending Appeal (Document No. 171, filed March 5, 2009) beginning at the bottom of the twelfth page of the Motion and Memorandum (the pages are not numbered) with the words "While Mr. Ayala was arrested in May, 2008 . . . ," and ending at the end of that paragraph on the thirteenth page of the Motion and Memorandum with the words " . . . is scheduled for June 22, 2009," is STRICKEN.
IT IS FURTHER ORDERED that the Clerk of Court shall FILE the attached redacted copy of defendant's Motion to Stay Sentence Pending Appeal and Memorandum of Law in Support of Motion to Stay Sentence Pending Appeal, which reflects this ruling, and shall SEAL the original of the Motion and Memorandum (Document No. 171, filed March 5, 2009).
A detailed factual and procedural history is included in the Court's Memorandum and Order of August 13, 2008. See Mem. & Order of Aug. 13, 2008, at 1--4; United States v. Quiles, Nos. 07-CR-391-01, -02, -03, 2008 WL 3561618, at *1--2 (E.D. Pa. Aug. 13, 2008). Accordingly, the Court sets forth in this Memorandum only the background necessary to resolve the motion presently before the Court.
An Indictment filed on July 12, 2007 charged defendants German, Maria, and Gloria Quiles with one count of conspiracy to commit money laundering in violation of 18 U.S.C. §1956(h) (Count 1) and sixteen counts of money laundering and aiding and abetting in violation of 18 U.S.C. § 1956(a)(3)(B) and 18 U.S.C. § 2 (Counts 2 through 17). After a ten-day trial, a jury convicted defendants German and Maria Quiles on all counts on January 17, 2008. The jury acquitted defendant Gloria Quiles of conspiracy to commit money laundering (Count 1) and ten counts of money laundering and aiding and abetting (Counts 2 through 11) and convicted her on the remaining six counts of money laundering and aiding and abetting (Counts 12 through 17).
Defendants German and Maria Quiles are husband and wife and proprietors of Aruba Incorporated ("Aruba"), a money service business located in North Philadelphia. The Quiles' daughter, Gloria, served as secretary of Aruba and co-owned the business property with her father. (Trial Tr. 95--96, Jan. 8, 2008; Trial Tr. 132--33, Jan. 14, 2008; Gov't Ex. 80.)
In July 2006, at the direction of Immigration and Customs Enforcement Special Agent Steven Galambos, a confidential source, Hector Ayala ("Ayala"), initiated contact with German Quiles at Aruba to launder drug money. (Trial Tr. 211, Jan. 9, 2008.) Beginning in September 2006, Ayala conducted over thirty transactions at Aruba as part of an undercover investigation.
(Trial Tr. 53, Jan. 8, 2008.) In that time, Ayala laundered approximately $175,900 in funds that he represented as proceeds from drug distribution. (Trial Tr. 160, Jan. 7, 2008.) During every meeting with defendants, Ayala wore a body recording device. (Trial Tr. 208--09, Jan. 9, 2008; Trial Tr. 53, Jan. 8, 2008.) At trial, the government introduced recordings of some of these meetings.
Following the trial, all three defendants filed motions for judgment of acquittal under Federal Rule of Criminal Procedure 29 ("Rule 29") and for a new trial under Federal Rule of Criminal Procedure 33 ("Rule 33"). By Memorandum and Order dated August 13, 2008, the Court denied the motions of all three defendants. Mem. & Order of Aug. 13, 2008.
On February 10, 2009, Maria Quiles filed a Rule 33 Motion to Vacate Sentence and Grant New Trial ("Rule 33 Motion"), in which the other two defendants joined. In the motion, Maria Quiles argued that newly discovered evidence impeaching Ayala required that the Court vacate her conviction and grant her a new trial. Specifically, the motion asserted that Ayala "ha[d] recently been charged in the Court of Common Pleas in the County of Philadelphia with multiple counts [of] rape involving multiple juvenile victims, as well as multiple counts of Statutory Rape." (Rule 33 Mot. ¶ 5.) The Court denied the motion on the ground that the newly discovered evidence would not be admissible at trial and, because it was merely ...