United States District Court, W.D. Louisiana, Lake Charles Division
ORDER AND REASONS
ZAINEY UNITED STATES DISTRICT JUDGE.
the court is a “MOTION TO DISMISS THE INDICTMENT”
(Rec. Doc. #21)and “MOTION TO DISMISS THE INDICTMENT
BASED UPON PRE-INDICTMENT DELAY” (Rec. Doc. #22)
wherein Defendant, Robert A. Wilson, moves to dismiss the
indictment filed against him pursuant to Federal Rule of
Criminal Procedure Rule 48(b)(1) and (2). For the reasons
that follow, both motions will be denied.
14, 2018, a grand jury returned an indictment charging
defendant, Robert A. Wilson, with twenty-one counts of
Receiving Illegal Gratuity by a Public Official in violation
of 18 U.S.C. § 201(c)(1)(B). The indictment charges that
Wilson received twenty-one separate payments from an Apeck
Construction, Inc. (“Apeck”) Co-owner, in
exchange for helping to ensure that Apeck was the source,
supplier, or provider of construction material for contracts,
supply and delivery contracts at Fort Polk.
Joint Readiness Training Center and Fort Polk (collectively
referred to as “Fort Polk JRTC”) is a military
installation near Leesville, Louisiana. Fort Polk's
mission is to prepare, deploy, sustain, and redeploy trained
and ready forces of the U.S. Army, including active duty,
National Guard, and the Army Reserve. Fort Polk provides
housing, training, maintenance, and community facilities and
services, as well as supply, transportation, and logistical
planning, in support of the U.S. Army mission.
directorates and installation support offices issue task
orders and administer contracts on behalf of the United
States for Fort Polk. The Directorate of Public Works is
responsible for maintaining the facilities and supporting the
infrastructure at Fort Polk. Defendant, Robert A. Wilson, was
employed by the Directorate of Public Works at Fort Polk;
Wilson's employment made him a public official as defined
in 18 U.S.C. § 201(a)(1) by virtue of his position as an
Engineer Tech. Wilson served as the Point of Contact for
contracts Apeck received at Fort Polk from approximately 2004
approximately March through September, 2010, Agent Darrin K.
Jones with the office of the Inspector General, Department of
Defense, Defense Criminal Investigative Service, investigated
and questioned numerous individuals relating to Apeck. The
investigation continued through the year 2011. Wilson was
questioned within his office within the Department of Public
Works at Fort Polk on July 20, 2010.
April 21, 2011, Wilson received a target letter from Stephen
Booker, Trial Attorney, associated with the U.S. Department
of Justice Antitrust Division. On August 8, 2017, Wilson
received a target letter by AUSA, Kelly Uebinger, on behalf
of the Acting U.S. Attorney. On June 14, 2018, a grand jury
returned an indictment charging Wilson with twenty-one (21)
counts of Receiving Illegal Gratuity by a Public Official in
violation of 18 U.S.C. § 201(c)(1)(B). Count 1 asserts
that the first payment took place on July 20, 2007 and Count
21 asserts that the last payment took place on May 28, 2010.
The first alleged offense occurred more than eleven (11)
years from the date of the indictment, and the last alleged
offense occurred more than eight (8) years from the date of
moves to dismiss the twenty-one count indictment. Wilson
maintains that the indictment was filed after the expiration
of the statute of limitations. Wilson also maintains that his
right to a fair trial was prejudiced due to prosecutorial
delay in bringing the accusations.
the indictment be dismissed based on
response to the September 11, 2001 attack on the United
States, Congress passed the Authorization for Use of Military
Force (“AUMF”) which authorized the President to use
the United States Armed Forces against those responsible for
the attacks after which the United States conducted and
continues to conduct combat ...