Federal Case

U.S. District Court
Eastern District of Missouri (St. Louis)
CRIMINAL DOCKET FOR CASE #: 4:12−cr−00159−ERW All Defendants
Case title: USA v. Dunlap Date Filed: 04/18/2012
Date Terminated: 07/31/2013
Assigned to: Honorable E. Richard
Webber
Defendant (1)
Jay Dunlap
TERMINATED: 07/31/2013
represented by JoAnn Trog
MENEES WHITNEY BURNET &TROG
121 W. Adams
St. Louis, MO 63122
314−821−1111
Fax: 314−821−9798
Email: jtrogmwb@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Joseph P. Welch
LAW OFFICE OF JOSEPH P. WELCH
3115 S. Grand
Suite 300
St. Joseph, MO 63118
314−494−9729
Fax: 314−627−5863
Email: jpw@josephwelch.net
TERMINATED: 09/07/2012
LEAD ATTORNEY
Designation: Retained
Pending Counts Disposition
BANK FRAUD
(1rs)
The defendant was found guilty on counts one
through five of the superseding indictment on April
18, 2013 after a plea of not guilty. The defendant is
hereby committed to the custody of the Bureau of
Prisons to be imprisoned for a total term of 60
months. Upon release from imprisonment, the
defendant shall be on supervised release for a term
of five years. The defendant shall pay restitution in
the amount of $345,592.00 and a special assessment
in the amount of $500.00.
WIRE FRAUD
(2rs−4rs)
MAIL FRAUD
(5rs)
Case: 4:12-cr-00159-ERW As of: 04/13/2015 12:39 PM CDT 1 of 11

Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
WIRE FRAUD
(1r−4r)
MAIL FRAUD
(5r)
Highest Offense Level
(Terminated)
Felony
Complaints Disposition
None
Plaintiff
USA represented by Dianna R. Collins
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314−539−2200
Fax: 314−539−7695
Email: dianna.collins@usdoj.gov
Thomas C. Albus
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314−539−2200
Fax: 314−539−2309
Email: tom.albus@usdoj.gov
Date Filed # Docket Text
04/18/2012 1 INDICTMENT returned in open court on 4/18/2012 to Judge John A. Ross by the
Foreperson of the Grand Jury. Referred to Magistrate Judge Thomas C. Mummert
as to Jay Dunlap (1) count(s) 1−4, 5. (Attachments: # 1 Criminal Cover Sheet)
(SAJ) (Entered: 04/19/2012)
04/18/2012 2 REDACTED INDICTMENT returned in open court on 4/18/2012 to Judge John A.
Ross by the Foreperson of the Grand Jury. Referred to Magistrate Judge Thomas C.
Mummert as to Jay Dunlap (1): Former count 1−4 is now count 1r−4r. Former
count 5 is now count 5r.. (SAJ) (Entered: 04/19/2012)
04/18/2012 Warrant Issued as to Indictment in case as to Jay Dunlap. (SAJ) (Entered:
04/19/2012)

04/19/2012 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated
and authorized by the court to exercise full authority in this assigned/referred
action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)
(Entered: 04/19/2012)
04/23/2012 3 ENTRY OF ATTORNEY APPEARANCE Thomas C. Albus appearing for USA.
(Albus, Thomas) (Entered: 04/23/2012)
04/24/2012 4 ENTRY OF ATTORNEY APPEARANCE: by Joseph P. Welch on behalf of Jay
Dunlap (Welch, Joseph) (Entered: 04/24/2012)
04/24/2012 Arrest of defendant Jay Dunlap date of arrest: 04/24/2012 (CBL) (Entered:
04/24/2012)
04/24/2012 5 Minute Entry for proceedings held before Magistrate Judge Frederick R.
Buckles:Initial Appearance/Rule 5 as to Jay Dunlap held on 4/24/2012. Defendant
given copy of: Indictment. Defendant to retain: Counsel. Pretrial Services bail
report received on: 04/24/2012. Pretrial Services Officer: L. Lazier. Bond
Execution as to Jay Dunlap held on 4/24/2012 bond executed in the amount of:
$10,000 secured by 10%. Arraignment set for 4/26/2012 10:30 AM in Courtroom
13N before Magistrate Judge Thomas C. Mummert III. (FTR Gold Operator
initials:M. Crayton.) (FTR Gold: Yes.) (proceedings started: 3:13 p.m.)
(proceedings ended: 3:30 p.m.) (Defendant Location: Bond.) (CBL) (Entered:
04/24/2012)
04/24/2012 6 ORDER Setting Conditions of Release as to Jay Dunlap. Bond executed in amount
of $10,000 secured by 10%. Signed by Magistrate Judge Frederick R. Buckles on
04/24/2012. (CBL) (Entered: 04/24/2012)
04/24/2012 7 Appearance Bond Entered as to defendant Jay Dunlap in amount of $10,000
secured by 10%,. Signed by Magistrate Judge Frederick R. Buckles on 04/24/2012.
(CBL) (Entered: 04/24/2012)
04/24/2012 Receipt 4644028023 in the amount of $1000.00 for COMM
REG−OTHER−BOND−COLB on behalf of Jay Dunlap (CCAM) (Entered:
04/25/2012)
04/24/2012 9 AFFIDAVIT OF OWNERSHIP for Jay Dunlap in the amount of $1,000.00 ; owner
of bond Jay Dunlap (CBL) (Entered: 04/25/2012)
04/25/2012 8 PASSPORT NOTICE as to Jay Dunlap has been filed. Notice of Court Order:
Order File Date: 4/24/2012. The aboved−name defendant is not permitted to apply
for the issuance of a passport during the pendency of this action. (LCL) (Entered:
04/25/2012)
04/25/2012 10 BAIL REPORT(FILED UNDER SEAL) as to Jay Dunlap. (LCL) (Entered:
04/25/2012)
04/26/2012 11 Minute Entry for proceedings held before Magistrate Judge Thomas C. Mummert,
III:Arraignment: Parties present for arraignment. Defendant waives reading of
indictment, plea of not guilty as to Jay Dunlap (1) Count 1r−4r,5r held on
4/26/2012. Criminal Pretrial Motion due by 5/11/2012. Evidentiary Hearing set for
5/15/2012 09:30 AM before Magistrate Judge Thomas C. Mummert III. (FTR Gold
Operator initials:K. Shirley.) (FTR Gold: Yes.) (proceedings started: 10:30 a.m..)
(proceedings ended: 10:33 a.m..) (Defendant Location: Bond.) (KJS) (Entered:
04/26/2012)
04/26/2012 12 Motion for Extension of Time to File Pretrial Motions by Jay Dunlap. (KJS)
(Entered: 04/26/2012)
04/26/2012 13 ORDER CONCERNING PRETRIAL MOTIONS as to Jay Dunlap. (see order for
details) IT IS HEREBY ORDERED that forthwith each party may propound to
opposing party and may file with the court any request for pretrial disclosure of
evidence or information. The parties shall respond to any such request for pretrial
disclosure not later than May 3, 2012. Counsel for defendant to file with the court a
memorandum if defendant chooses not to file any pretrial motions not later than
May 11, 2012. IT IS FURTHER ORDERED that Defendant's Motion for
Extension of Time within which to file motions is GRANTED. Criminal Pretrial

Motion due by 5/11/2012. Evidentiary Hearing set for 5/15/2012 09:30 AM in
Courtroom 13N before Magistrate Judge Thomas C. Mummert III. Jury Trial set
for 7/9/2012 08:30 AM before Honorable E. Richard Webber. Signed by
Magistrate Judge Thomas C. Mummert, III on 04/26/2012. (CBL) (Entered:
04/26/2012)
04/27/2012 14 Warrant Returned Executed on April 24, 2012 as to Indictment in case as to Jay
Dunlap (CBL) Modified on 4/30/2012 (MCB). (Entered: 04/27/2012)
05/03/2012 15 REQUEST for Discovery as to Jay Dunlap (Welch, Joseph) (Entered: 05/03/2012)
05/11/2012 16 MOTION for Extension of Time to File Pretrial Motions by Jay Dunlap. (Welch,
Joseph) (Entered: 05/11/2012)
05/14/2012 17 ORDER AND SPEEDY TRIAL FINDING as to Jay Dunlap. IT IS HEREBY
ORDERED that Defendant's motion for extension of time within which to file
motions and for continuance of the pretrial motion hearing is GRANTED. [Doc. 16
] IT IS FURTHER ORDERED that Defendant shall have until May 21, 2012; to
file any pretrial motions or waiver of motions. The Government shall have until
May 23, 2012, to respond. IT IS FURTHER ORDERED that the
Evidentiary/Waiver Hearing presently set for May 15, 2012, is continued and
rescheduled for May 29, 2012, at 10:30 a.m. THE DEADLINES SET FORTH
HEREIN WILL NOT BE EXTENDED WITHOUT A PRIOR CONTINUANCE
OF THE JULY 9, 2012, TRIAL DATE. Defendant and counsel for both parties are
required to attend. Signed by Magistrate Judge Thomas C. Mummert, III on
05/14/2012. (CBL) (Entered: 05/14/2012)
05/21/2012 18 WAIVER of Filing Pretrial Motions by Jay Dunlap (Welch, Joseph) (Entered:
05/21/2012)
III:In Court Hearing (Waiver of Motions) as to Jay Dunlap held on 5/29/2012.
Defendant sworn. Court accepts defendants waiver of pretrial motions. Jury Trial is
scheduled for July 9, 2012 at 8:30 a.m. (FTR Gold Operator initials:M. Berg.)
(FTR Gold: Yes.) (proceedings started: 10:36.) (proceedings ended: 10:46.)
(Defendant Location: bond.) (MCB) (Entered: 05/29/2012)
06/11/2012 20 MOTION to Continue ; Jury Trial by Jay Dunlap. (Attachments: # 1 Affidavit
Waiver of Speedy Trial)(Welch, Joseph) (Entered: 06/11/2012)
06/18/2012 21 Docket Text ORDER: Within the guidelines set forth by the Speedy Trial Act and
Defendant's Signed Waiver of Speedy Trial, the Court finds that the ends of justice
will best be served by continuing the Trial Date of Defendant Jay Dunlap. Motion
to Continue 20 is GRANTED. Jury Trial in this matter is continued to September
17, 2012, at 8:30 a.m. So Ordered by Judge E. Richard Webber. (BABS) (Entered:
06/18/2012)
08/23/2012 23 Docket Text ORDER: By agreement of all parties and this Court, within the
guidelines set forth by the Speedy Trial Act, and due to congestion of this Courts
trial docket, the Court finds that the ends of justice would best be served by
resetting the trial date as to Defendant Jay Dunlap to October 1, 2012. Defendant
has agreed to file an additional Signed Waiver of Speedy Trial agreeing to the new
trial date no later than August 31, 2012. So Ordered by Judge E. Richard Webber.
(BABS) (Entered: 08/23/2012)
08/31/2012 24 MOTION to Withdraw as Attorney by Joseph P. Welch. by Jay Dunlap. (Welch,
Joseph) (Entered: 08/31/2012)
08/31/2012 25 WAIVER of Speedy Trial by Jay Dunlap (Welch, Joseph) (Entered: 08/31/2012)
08/31/2012 27 MOTION to Withdraw as Attorney Joe Walsh by Jay Dunlap. (MCB) (Entered:
09/04/2012)
09/04/2012 26 Docket Text ORDER: Pending Motion to Withdraw as Attorney of Record 24 will
be addressed on September 6, 2012, at 10:30 a.m. in Courtroom 10 South. Attorney
Joseph Welch, counsel for the Government and Defendant Jay Dunlap are required
to attend this Hearing. So Ordered by Judge E. Richard Webber. (BABS) (Entered:
09/04/2012)

09/06/2012 28 Docket Text ORDER: Pursuant to Hearing held on this date, Motion to Withdraw
as Counsel of Record 24 is GRANTED. Motion to Withdraw 27 is DENIED, as
moot. Attorney Joseph P. Welch shall immediately provide Defendant Jay Dunlap
with his complete file in this matter. Defendant Dunlap shall employ new counsel
and appear before this Court with counsel on September 17, 2012, at 12:45 p.m. in
Courtroom 10 South. Jury Trial in this matter remains set for October 1, 2012, at
8:30 a.m. So Ordered by Judge E. Richard Webber. (BABS) (Entered: 09/06/2012)
09/06/2012 29 Minute Entry for proceedings held before District Judge E. Richard
Webber:Motion Hearing as to Jay Dunlap held on 9/6/2012 re 24 MOTION to
Withdraw as Attorney by Joseph P. Welch. U.S. attorney leaves the courtroom
during discussion with defendant and his current counsel. Motion is Granted by the
Court. U.S. Attorney returns to the courtroom and makes a record regarding
discovery, possible plea agreement and readiness to proceed to trial on October 1st.
U.S. Attorney does not object to possible continuance of trial setting. The Court
grants defendant until September 17, 2012 at 12:45 p.m. to retain new counsel and
appear at hearing. (Status Conference set for 9/17/2012 12:45 PM in Courtroom
10S before District Judge E. Richard Webber.) (Court Reporter:S. White.) (FTR
Gold: No.) (proceedings started: 10:34 a.m.) (proceedings ended: 10:53 a.m.)
(Defendant Location: Bond.) (CBL) (Entered: 09/06/2012)
09/17/2012 30 ENTRY OF ATTORNEY APPEARANCE: by JoAnn Trog on behalf of Jay
Dunlap (Trog, JoAnn) (Entered: 09/17/2012)
09/17/2012 31 MOTION to Continue ; Trial Setting of October 1, 2012 by Jay Dunlap. (Trog,
JoAnn) (Entered: 09/17/2012)
09/17/2012 32 Minute Entry for proceedings held before District Judge E. Richard Webber:Status
Conference as to Jay Dunlap held on 9/17/2012. Defendant retains attorney JoAnn
Trog to represent him. Waiver of Speedy Trial executed and filed with the Court.
Motion to continue trial setting Granted. Trial continued to 1/14/2013 at 08:30 AM
in Courtroom 10S before District Judge E. Richard Webber. (Court Reporter:D.
Kriegshauser.) (FTR Gold: No.) (proceedings started: 1:03 p.m.) (proceedings
ended: 1:06 p.m.) (Defendant Location: Bond.) (CBL) (Entered: 09/17/2012)
09/17/2012 33 WAIVER of Speedy Trial by Jay Dunlap. (CBL) (Entered: 09/17/2012)
09/17/2012 34 Docket Text ORDER: Pursuant to the In−Court Hearing held on this date and
Defendant's Signed Waiver of Speedy Trial 33 , the Court finds that the ends of
justice will best be served by resetting the trial date in this matter. Motion to
Continue Trial Setting 31 is GRANTED. Jury Trial as to Defendant Jay Dunlap is
continued to January 14, 2013, at 8:30 a.m. in Courtroom 10 South. So Ordered by
Judge E. Richard Webber. (BABS) (Entered: 09/17/2012)
12/19/2012 36 SUPERSEDING INDICTMENT returned in open court on 12/19/2012 to Judge
John A. Ross by the DEPUTY Foreperson of the Grand Jury. Referred to
Magistrate Judge Thomas C. Mummert as to Jay Dunlap (1) count(s) 1s, 2s−4s, 5s.
(Attachments: # 1 Criminal Cover Sheet) (SAJ) (Entered: 12/20/2012)
12/19/2012 37 SUPERSEDING REDACTED INDICTMENT returned in open court on
1219/2012 to Judge John A. Ross by the DEPUTY Foreperson of the Grand Jury.
Referred to Magistrate Judge Thomas C. Mummert as to Jay Dunlap (1): Former
count 1s is now count 1rs. Former count 2s−4s is now count 2rs−4rs. Former count
5s is now count 5rs.. (SAJ) (Entered: 12/20/2012)
12/21/2012 38 ORDER as to Jay Dunlap: IT IS HEREBY ORDERED that the arraignment of
Defendant on the superseding indictment is scheduled before the undersigned at
11:00 a.m. on December 27, 2012, in Courtroom 13N. Defendant and counsel for
the parties are required to appear at that time. (Arraignment set for 12/27/2012
11:00 AM in Courtroom 13N before Magistrate Judge Thomas C. Mummert III.)
Signed by Magistrate Judge Thomas C. Mummert, III on December 21, 2012.
(BRP) (Entered: 12/21/2012)
12/27/2012 39 MOTION For Additional Time To Obtain and Review Discovery Materials and To
Determine Whether and/or What Pretrial Motions are to be Filed by Jay Dunlap.
(CBL) (Entered: 12/27/2012)

III: Parties present for arraignment on superseding indictment as to Jay Dunlap (1).
Defendant is sworn. Defendant waives reading of indictment and enters a plea of
not guilty on Counts 1rs,2rs−4rs,5rs. Written Motion for extension of time on
pretrial motions is filed and Granted by the Court. Order to issue. Speedy Trial
Finding made on the record. Criminal Pretrial Motion due by 1/10/2013.
Evidentiary Hearing set for 1/14/2013 10:30 AM in Courtroom 13N before
Magistrate Judge Thomas C. Mummert III. Jury Trial set for 2/27/2013 08:30 AM
in Courtroom 10S before District Judge E. Richard Webber. (Court Reporter or
FTR Gold Operator initials: C. Long.)(FTR Gold (yes or no): Yes.) (CBL)
(Entered: 12/27/2012)
12/27/2012 41 ORDER CONCERNING PRETRIAL MOTIONS as to Jay Dunlap. Forthwith each
party may propound to opposing party and may file with the court any request for
pretrial disclosure of evidence or information. The parties shall respond to any such
request for pretrial disclosure not later than 01/02/2013. Counsel for defendant to
file with the court a memorandum if defendant chooses not to file any pretrial
motions not later than 01/10/2013. Criminal Pretrial Motion due by 1/10/2013.
Evidentiary Hearing set for 1/14/2013 10:30 AM in Courtroom 13N before
Magistrate Judge Thomas C. Mummert III. Signed by Magistrate Judge Thomas C.
Mummert, III on 12/27/2012. (CBL) (Entered: 12/27/2012)
01/03/2013 42 Warrant Returned Executed as to Superseding Indictment on December 27, 2012 in
case as to Jay Dunlap. (CBL) (Entered: 01/07/2013)
01/10/2013 43 MOTION to Dismiss Indictment/Counts One by Jay Dunlap. (Trog, JoAnn)
(Entered: 01/10/2013)
01/10/2013 44 MOTION to Sever Count(s) Count One by Jay Dunlap. (Trog, JoAnn) (Entered:
01/10/2013)
01/10/2013 45 MOTION for Leave to File Sealed Motion by Jay Dunlap. (Trog, JoAnn) (Entered:
01/10/2013)
01/10/2013 46 SEALED MOTION by Jay Dunlap. (Trog, JoAnn) (Entered: 01/10/2013)
01/11/2013 47 ORDER granting 45 Motion for Leave to File Sealed Motion as to Jay Dunlap (1).
Signed by Magistrate Judge Thomas C. Mummert, III on 1/11/2013. (BRP)
(Entered: 01/11/2013)
01/13/2013 48 RESPONSE to Motion by USA as to Jay Dunlap re 43 MOTION to Dismiss
Indictment/Counts One, 44 MOTION to Sever Count(s) Count One, 46 SEALED
MOTION (Albus, Thomas) (Entered: 01/13/2013)
III:Evidentiary Hearing as to Jay Dunlap held on 1/14/2013. All issues before the
court are legal issues re: indictment. No evidence or witnesses presented. (FTR
Gold Operator initials:C. Long.) (FTR Gold: Yes.) (proceedings started: 10:29
a.m.) (proceedings ended: 10:31 a.m.) (Defendant Location: Bond.) (CBL)
(Entered: 01/14/2013)
01/15/2013 50 MOTION to Amend/Correct 36 Superseding Indictment, 37 Superseding
Indictment − Redacted, by USA as to Jay Dunlap. (Attachments: # 1
Exhibit)(Albus, Thomas) (Entered: 01/15/2013)
01/22/2013 51 ORDER as to Jay Dunlap. Counsel for Defendant has filed a motion to be
appointed to represent Defendant under the Criminal Justice Act. [Doc. 46 ] The
Court is unable to rule on this motion until Defendant is interviewed again by the
Pretrial Services office and Defendant completes a new financial disclosure
affidavit. Before the Court will rule on this motion Defendant must make the
necessary arrangements to accomplish these requirements. Signed by Magistrate
Judge Thomas C. Mummert, III on 01/22/2013. (CBL) (Entered: 01/22/2013)
01/23/2013 52 MOTION to Withdraw Document 50 MOTION to Amend/Correct 36 Superseding
Indictment, 37 Superseding Indictment − Redacted, as Moot by USA as to Jay
Dunlap. (Albus, Thomas) (Entered: 01/23/2013)

01/23/2013 53 ORDER withdrawing 50 Motion to Amend/Correct as to Jay Dunlap (1); granting
52 Motion to Withdraw Document as to Jay Dunlap (1). Signed by Magistrate
Judge Thomas C. Mummert, III on January 23, 2013. (MCB) (Entered:
01/23/2013)
01/23/2013 55 MEMORANDUM as to Jay Dunlap. This matter is before the Court on Defendant's
Motion to Sever and Motion to Dismiss Count 1. [Docs. 43 , 44 ]. (See
Memorandum for details) Signed by Magistrate Judge Thomas C. Mummert, III on
01/23/2013. (CBL) (Entered: 01/23/2013)
01/23/2013 56 REPORT AND RECOMMENDATIONS as to Jay Dunlap. In accordance with the
Memorandum filed herein, IT IS HEREBY RECOMMENDED that Defendant's
Motion to Sever be DENIED. [Doc. 44 ] IT IS FURTHER RECOMMENDED that
Defendant's Motion to Dismiss Count 1 be DENIED. [Doc. 43 ] The parties are
advised that they have fourteen (14) days in which to file written objections to this
Recommendation and the Memorandum incorporated herein pursuant to 28 U.S.C.
§ 636(b)(1), unless an extension of time for good cause is obtained, and that failure
to file timely objections may result in waiver of the right to appeal questions of
fact. As directed by the Honorable E. Richard Webber, trial in this matter has been
set for February 27, 2013, at 8:30 a.m. (Objections to RRdue 02/06/2013.) Signed
by Magistrate Judge Thomas C. Mummert, III on 01/23/2013. (CBL) (Entered:
01/23/2013)
01/24/2013 57 CJA 23 Financial Affidavit by Jay Dunlap (MCB) (Entered: 01/24/2013)
01/24/2013 58 CJA 20 as to Jay Dunlap: Appointment of Attorney JoAnn Trog . Signed by
Magistrate Judge Thomas C. Mummert, III on January 24, 2013. (MCB) (Entered:
01/24/2013)
02/06/2013 59 OBJECTION TO REPORT AND RECOMMENDATIONS 56 by Jay Dunlap
(Trog, JoAnn) (Entered: 02/06/2013)
02/07/2013 60 MOTION to Continue ; Trial Setting of February 27, 2013 by Jay Dunlap. (Trog,
JoAnn) (Entered: 02/07/2013)
02/08/2013 61 ORDER TO CONTINUE (per 18:3161)− Ends of Justice as to Jay Dunlap. IT IS
HEREBY ORDERED that within the guidelines set forth by the Speedy Trial Act,
18 U.S.C. 3161, Motion to Continue Trial Setting [ECF No. 60 ] is GRANTED.
The Jury Trial as to Defendant Jay Dunlap is reset to April 15, 2013, at 8:30 a.m. in
Courtroom 10 South. Signed by District Judge E. Richard Webber on 02/08/2013.
(CBL) (Entered: 02/08/2013)
02/08/2013 62 MEMORANDUM AND ORDER as to Jay Dunlap. After de novo review, the
Court has concluded that the Magistrate Judge properly determined that the alleged
schemes used by Defendant in respect to both pieces of property were similar in
character and that the evidence would overlap. As a result, Defendant's Objections
and his Motion to Sever will be denied. Defendant did not file objections to the
Magistrate Judge's recommended denial of his Motion to Dismiss, and the Court
therefore adopts the Magistrate Judge's findings, and conclusion on that issue in
their entirety. IT IS HEREBY ORDERED that Defendant's Motion to Sever Count
One from Count Two, Three and Four for Purposes of Trial [ECF No. 44 ] is
DENIED. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Count
I [ECF No. 43 ] is DENIED. Signed by District Judge E. Richard Webber on
02/08/2013. (CBL) (Entered: 02/08/2013)
03/20/2013 63 ENTRY OF ATTORNEY APPEARANCE Dianna R. Collins appearing for USA.
(Collins, Dianna) (Entered: 03/20/2013)
03/27/2013 64 Docket Text ORDER: Final Pretrial Conference as to Defendant Jay Dunlap will
be held on April 4, 2013, at 8:30 a.m. in Courtroom 10 South. So Ordered by Judge
E. Richard Webber. (BABS) (Entered: 03/27/2013)
04/02/2013 65 NOTICE by USA as to Jay Dunlap of: Intent to Introduce Evidence pursuant to
FRE 404(b) (Albus, Thomas) (Entered: 04/02/2013)
04/02/2013 66 NOTICE by USA as to Jay Dunlap of: Intent to Adduce Evidence Pursuant to FRE
404(b) (Albus, Thomas) (Entered: 04/02/2013)

04/02/2013 67 NOTICE by USA as to Jay Dunlap of: Stipulation of Parties as to the Admissibility
of Certain Evidence (Albus, Thomas) (Entered: 04/02/2013)
04/02/2013 68 MOTION in Limine to Exclude Evidence of Marketing of Westminster Property
for Sale by USA as to Jay Dunlap. (Albus, Thomas) (Entered: 04/02/2013)
04/02/2013 69 MOTION in Limine to Exclude Evidence of Alleged Assault by USA as to Jay
04/02/2013 70 MOTION in Limine to Exclude Screen Shots of Individual Text Messages by USA
as to Jay Dunlap. (Albus, Thomas) (Entered: 04/02/2013)
04/03/2013 71 NOTICE by Jay Dunlap re 65 Notice (Other) of: Response to the Government's
Notice of Intent to Introduce Evidence Pursuant to 404(b) (Trog, JoAnn) (Entered:
04/03/2013)
04/03/2013 72 NOTICE by Jay Dunlap re 66 Notice (Other) of: Response to the Government's
Notice of Intent to Adduce Evidence Pursuant to 404(b) (Trog, JoAnn) (Entered:
04/03/2013)
04/03/2013 73 RESPONSE to Motion by Jay Dunlap re 68 MOTION in Limine to Exclude
Evidence of Marketing of Westminster Property for Sale (Trog, JoAnn) (Entered:
04/03/2013)
04/03/2013 74 RESPONSE to Motion by Jay Dunlap re 69 MOTION in Limine to Exclude
Evidence of Alleged Assault (Trog, JoAnn) (Entered: 04/03/2013)
04/03/2013 75 MOTION in Limine Exclude Evidence of Any Pending or Prior Civil Lawsuits by
Jay Dunlap. (Trog, JoAnn) (Entered: 04/03/2013)
04/04/2013 76 Minute Entry for proceedings held before District Judge E. Richard Webber:
Pretrial Conference as to Jay Dunlap held on 4/4/2013. Parties present for final
pretrial conference. Arguments heard on Motions in Limine and Notices regarding
evidence filed. Frye Hearing held on the record. Defendant released on existing
bond. Order to issue. (Court Reporter:D. Kriegshauser.) (FTR Gold: No.)
(proceedings started: 8:35 a.m.) (proceedings ended: 9:20 a.m.) (Defendant
Location: Bond.) (CBL) (Entered: 04/04/2013)
04/04/2013 77 MEMORANDUM AND ORDER as to Jay Dunlap: IT IS HEREBY ORDERED
that the Stipulation of the Parties [ECF No. 67 ] is received and ACCEPTED. IT IS
FURTHER ORDERED that the Government's Notice of Intent to Introduce
Evidence Arguably Governed by Federal Rule of Evidence 404(b) [ECF No. 65 ] is
GRANTED. IT IS FURTHER ORDERED that Defendant's Response to the
Government's Notice of Intent to Introduce Evidence Arguably Governed by
Federal Rule of Evidence 404(b) [ECF No. 71 ] is DENIED. IT IS FURTHER
ORDERED that The Court will not issue a ruling regarding the Government's
Notice of Intent to Adduce Evidence of the Defendant's Prior Bad Acts and
Memorandum in Support Thereof [ECF No. 66 ] prior to trial. The Court shall
determine during the presentation of the case whether the Government shall be
allowed to introduce evidence of Defendant's previously devised scheme to
defraud. IT IS FURTHER ORDERED that the Government's Motion in Limine to
Exclude Evidence of Marketing of Westminster Property on the record during the
Pretrial Conference [ECF No. 68 ], withdrawn by the Government, is DENIED, as
moot. IT IS FURTHER ORDERED that the Government's Motion in Limine to
Exclude Evidence of Alleged Assault [ECF No. 69 ] is GRANTED. IT IS
FURTHER ORDERED that the ruling on the Government's Motion in Limine to
Exclude Screen Captures of Text Messages [ECF No. 70 ] is HELD in
ABEYANCE, to allow Defendant time to turn over the entire sequence of screen
shots. Defendant shall provide the Government the entire sequence of the screen
shots, such that the full context of the text messages can be ascertained, no later
than the close of business on Tuesday, April 9, 2013. IT IS FURTHER ORDERED
that the ruling on Defendant's Motion in Limine to Exclude Evidence of any
Pending or Prior Civil Lawsuits [ECF No. 75 ] is HELD in ABEYANCE, pending
submission of a stipulation by the parties limiting the testimony and listing all
named defendants in the identified civil lawsuits. Signed by District Judge E.
Richard Webber on April 4, 2013. (BRP) (Entered: 04/04/2013)

04/05/2013 78 NOTICE by USA as to Jay Dunlap of: Stipulation of Facts (Albus, Thomas)
(Entered: 04/05/2013)
04/09/2013 79 Motion to withdraw by USA as to Jay Dunlap re 70 MOTION in Limine to
Exclude Screen Shots of Individual Text Messages of: Withdrawal of Motion in
Limine (Albus, Thomas) Modified on 4/10/2013 (MCB). (Entered: 04/09/2013)
04/09/2013 80 WITNESS LIST by USA as to Jay Dunlap (Albus, Thomas) (Entered: 04/09/2013)
04/09/2013 81 NOTICE by USA as to Jay Dunlap of: Intent to Adduce Summaries and Charts
Pursuant to FRE 1006 (Albus, Thomas) (Entered: 04/09/2013)
04/11/2013 82 Proposed Voir Dire by USA as to Jay Dunlap (Albus, Thomas) (Entered:
04/11/2013)
04/11/2013 83 Proposed Jury Instructions by USA as to Jay Dunlap (Albus, Thomas) (Entered:
04/11/2013)
04/11/2013 84 NOTICE by USA as to Jay Dunlap re 36 Superseding Indictment, of: Proposed
Summary (Albus, Thomas) (Entered: 04/11/2013)
04/13/2013 86 EXHIBIT LIST by USA as to Jay Dunlap (Albus, Thomas) (Entered: 04/13/2013)
04/14/2013 87 Proposed Voir Dire by Jay Dunlap (Trog, JoAnn) (Entered: 04/14/2013)
04/15/2013 88 Docket Text ORDER: Motion to Withdraw Document 79 is GRANTED.
Government's Motion in Limine Relating to Text Messages 70 is denied, as moot.
So Ordered by Judge E. Richard Webber. (BABS) (Entered: 04/15/2013)
04/15/2013 89 Minute Entry for proceedings held before District Judge E. Richard Webber:Voir
Dire held on 4/15/2013 as to Jay Dunlap. Jury impaneled and sworn. Opening
Statement(s) of Government and Defendant(s) made. Government evidence
commenced but not concluded. (Court Reporter:S. Moran.) (FTR Gold: No.)
(proceedings started: 8:30AM−12:30PM.) (proceedings ended: 1:05PM−4:45PM.)
(Defendant Location: Bond.) (BRP) (Entered: 04/16/2013)
04/16/2013 90 Minute Entry for proceedings held before District Judge E. Richard Webber:Jury
Trial as to Jay Dunlap held on 4/16/2013. Day Two. Government's evidence
resumed but not concluded. Proceedings to continue 4/17/2013 at 9:00AM. (Court
Reporter:S. Moran.) (FTR Gold: No.) (proceedings started: 8:30AM−11:40AM.)
(proceedings ended: 12:45PM−3:35PM.) (Defendant Location: Bond.) (BRP)
(Entered: 04/16/2013)
04/17/2013 91 MOTION for Judgment of Acquittal at the Conclusion of the Government's Case
by Jay Dunlap. (BRP) (Entered: 04/18/2013)
04/17/2013 92 MOTION for Judgment of Acquittal at the Conclusion of All the Evidence by Jay
Dunlap. (BRP) (Entered: 04/18/2013)
04/17/2013 93 Minute Entry for proceedings held before District Judge E. Richard Webber: Jury
Trial as to Jay Dunlap held on 4/17/2013. Day Three. Government evidence
resumed and concluded. Defendant's evidence commenced and concluded. Written
motions for judgment of acquittal at the close of Government's case and all
evidence are filed by the defendant and are DENIED. Closing arguments made.
Jury charged/retires to consider its verdict (s) at 5:10 pm. Jury unable to agree upon
its verdict(s) by 6:30 pm is excused to resume deliberations on 4/18/2013 at 9:00
am. Notes received at 5:50 and 6:05. (Court Reporter or FTR Gold Operator
initials: S. Moran.)(FTR Gold (yes or no): No.) (BRP) (Entered: 04/18/2013)
04/18/2013 94 Minute Entry for proceedings held before District Judge E. Richard Webber:JURY
VERDICT as to Jay Dunlap as to Jay Dunlap (1). Day Four. Jury returns to
consider its verdicts at 9:00 a.m. Guilty on Count 1rs,2rs−4rs,5rs. Sentencing set
for 7/9/2013 09:30 AM in Courtroom 10S before District Judge E. Richard
Webber. (Court Reporter:S. Moran.) (FTR Gold: No.) (proceedings started: 9:00.)
(proceedings ended: 11:45.) (Defendant Location: Bond.) (BRP) (Entered:
04/18/2013)
04/18/2013 95 CLERK'S WITNESS LIST as to Jay Dunlap as to Jury Trial. (BRP) (Entered:
04/18/2013)

04/18/2013 96 CLERK'S EXHIBIT LIST as to Jay Dunlap as to Jury Trial. (BRP) (Entered:
04/18/2013)
04/18/2013 97 JURY VERDICT (BRP) (Entered: 04/18/2013)
04/18/2013 98 Jury Notes as to Jay Dunlap (BRP) (Entered: 04/18/2013)
04/18/2013 99 Jury Instructions as to Jay Dunlap (Attachments: # 1 Court's Copy of Jury
Instructions, # 2 Oral Jury Instructions)(BRP) (Entered: 04/19/2013)
04/26/2013 100 MOTION for Disclosure of Trial Exhibits to Third Parties by USA as to Jay
04/30/2013 101 Docket Text ORDER: Motion for Disclosure of Trial Exhibits 100 is GRANTED.
Government is permitted to allow counsel for parties involved in civil litigation
relating to these criminal proceedings to review and copy exhibits placed into
evidence during the criminal trial. So Ordered by Judge E. Richard Webber.
(BABS) (Entered: 04/30/2013)
05/01/2013 102 MOTION to Vacate Judgment and New Trial by Jay Dunlap. (Trog, JoAnn)
(Entered: 05/01/2013)
05/29/2013 103 TRANSCRIPT ORDER REQUEST by Jay Dunlap for proceedings of Trial for
proceedings held on April 15 − 18, 2013 court reporter Sue Morran before Judge E.
Richard Webber. (Trog, JoAnn) (Forwarded to Court Reporter Sue Moran)
(Entered: 05/29/2013)
05/31/2013 104 TRANSCRIPT (JURY TRIAL − Volume 1) as to Jay Dunlap held on April 15,
2013 before Judge E. Richard Webber. Court Reporter: Susan Moran,
Susan_Moran@moed.uscourts.gov, 314−244−7983. Transcript may be viewed at
the court public terminal or purchased through the Court Reporter/Transcriber
before the deadline for Release of Transcript Restriction. After that date it may be
obtained through PACER. Redaction Request due 6/21/2013. Redacted Transcript
Deadline set for 7/1/2013. Release of Transcript Restriction set for 8/29/2013.
(MCB) (Entered: 05/31/2013)
05/31/2013 105 TRANSCRIPT (JURY TRIAL − Volume 2) as to Jay Dunlap held on April 16,
(MCB) (Entered: 05/31/2013)
05/31/2013 106 TRANSCRIPT (JURY TRIAL− Volume 3) as to Jay Dunlap held on April 17,
(MCB) (Entered: 05/31/2013)
06/24/2013 108 Docket Text ORDER: By agreement of all parties and this Court, Sentencing
Hearing of Defendant Jay Dunlap is continued to July 31, 2013, at 10:00 a.m. in
Courtroom 10 South. So Ordered by Judge E. Richard Webber. (BABS) (Entered:
06/24/2013)
06/24/2013 109 ACCEPTANCE TO PRESENTENCE INVESTIGATION REPORT by USA as to
Jay Dunlap (Albus, Thomas) (Entered: 06/24/2013)
06/27/2013 110 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Jay Dunlap
(Trog, JoAnn) (Entered: 06/27/2013)
06/27/2013 111 CJA 24 as to Jay Dunlap: Authorization to Pay Susan Moran Voucher #
130614000051. Signed by District Judge E. Richard Webber on June 13, 2013.
(MCB) (Entered: 06/27/2013)

07/20/2013 113 RESPONSE TO OBJECTION TO PRESENTENCE INVESTIGATION REPORT
by USA as to Jay Dunlap (Albus, Thomas) (Entered: 07/20/2013)
07/24/2013 114 FINAL PRESENTENCE INVESTIGATION REPORT (including addendum) as to
Jay Dunlap (Attachments: # 1 Letter)(AAS) (Entered: 07/24/2013)
07/31/2013 116 Minute Entry for proceedings held before District Judge E. Richard
Webber:Sentencing as to Jay Dunlap held on 7/31/2013. Defendant's objections
and pending motions are withdrawn by agreement of the parties. The Court hears
arguments from counsel. Sentence imposed (see judgment). (Court Reporter:D.
Kriegshauser.) (FTR Gold: No.) (proceedings started: 10:10.) (proceedings ended:
10:45.) (Defendant Location: Bond.) (BRP) (Entered: 07/31/2013)
07/31/2013 117 NOTICE by Jay Dunlap of Certification of Compliance with Local Rule 12.07.
(BRP) (Entered: 07/31/2013)
07/31/2013 118 JUDGMENT as to Jay Dunlap (1), Count(s) 1rs, 2rs−4rs, 5rs, The defendant was
found guilty on counts one through five of the superseding indictment on April 18,
2013 after a plea of not guilty. The defendant is hereby committed to the custody of
the Bureau of Prisons to be imprisoned for a total term of 60 months. Upon release
from imprisonment, the defendant shall be on supervised release for a term of five
years. The defendant shall pay restitution in the amount of $345,592.00 and a
special assessment in the amount of $500.00. Signed by District Judge E. Richard
Webber on July 31, 2013. (BRP) (Entered: 07/31/2013)
07/31/2013 119 STATEMENT OF REASONS for Sentence as to defendant Jay Dunlap . Signed by
District Judge E. Richard Webber on July 31, 2013. (BRP) (Entered: 07/31/2013)
09/20/2013 120 Marshal's Return on Judgment as to Jay Dunlap on September 17, 2013. Defendant
delivered to: FCI Memphis, Tennessee. (CBL) (Entered: 09/23/2013)
10/03/2013 121 ORDER (Financial) as to Jay Dunlap. The purpose for which cash bail was posted
in the above styled matter having now been served, the Clerk is hereby ORDERED
to draw a Registry Check in the sum of $1,000.00 to the surety of record. Signed
by District Judge E. Richard Webber on 10/03/2013. (CBL) (Entered: 10/03/2013)
10/07/2013 122 Letter from Clerk (finance) re: Release of monies from Registry. (CBL) (Entered:
10/17/2013)
12/10/2013 123 CJA 20 as to Jay Dunlap: Authorization to Pay JoAnn Trog. Voucher #
131108000023. Signed by District Judge E. Richard Webber on 11/15/2013. (CBL)
(Entered: 12/10/2013)
12/10/2013 Receipt CT B00185 in the amount of $25.00 for SPECIAL PENALTY
ASSESSMENT on behalf of Dunlap, Jay (CCAM) (Entered: 01/13/2014)

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