Federal prosecutors investigating Rochester real estate developer Robert C. Morgan issued three more subpoenas in recent months and seized a computer server belonging to his former company as they continue their mortgage-fraud investigation.
Prosecutors say the subpoenas aren't connected to the current 114-count indictment against Morgan and three other defendants – including his son, Todd – and they will not use those materials as evidence for that case. But that doesn't preclude additional charges against those defendants or the pursuit of other defendants, which prosecutors previously indicated was possible.
In court filings, prosecutors didn't say who was the target or what was sought.
Prosecutors also confirmed in court filings that the government in October seized a computer server maintained by a former Morgan Management employee, which "was about to be sold or disposed of."
"Instead, the government has taken possession of it, is in the process of copying it so that it can be made available to counsel, and has represented that it will not use any documents contained on the server in this case," wrote Assistant U.S. Attorney Douglas A. Penrose, who is leading the prosecution.
And Penrose acknowledged that the government still has Morgan's iPhone, which was seized during the FBI's May 2018 raid, but was still trying to access its contents 18 months later.
"If Mr. Morgan provides the government with the password to access the phone, it will greatly expedite the government's ability to return it," Penrose wrote.
Morgan's attorney, Joel M. Cohen of Gibson Dunn & Crutcher LLP in New York City, had accused the government of dragging its feet and failing to produce the documents and information prosecutors are required to give the defense.
Out of 886,500 documents that the defense received electronically in August, he cited 593,000 that lack key technical information that would allow them to be opened and reviewed; 270,000 documents with improperly formatted date fields, so the defense attorneys can't search them by date; and 262,800 documents with improperly formatted file-size fields.
He also questioned where, among the more than 2.5 million pages of documents, are all the materials seized by the FBI during its May 2018 raid at Morgan's offices – particularly the contents of three laptops. He noted that government records show agents took eight computers, two iPhones, four external hard drives and a host of email messages from an archiving system. But after combing through what the government has provided so far, defense attorneys have not been able to identify the contents of Todd Morgan's iPhone and four hard drives among those items.
He also cited the late disclosure of the three new subpoenas and the server as more indications of government malfeasance.
In court filings, Penrose wrote that the government was cooperating fully and trying to address any of the defense's questions or concerns. He cited the frequent phone calls and email exchanges in recent weeks and the additional information that the government has provided, and suggested that the problems the defense is encountering are not due to any government actions.
U.S. District Court Judge Elizabeth A. Wolford, in a hearing last week, set a series of deadlines for both sides to comply with producing the remaining documents, no later than Feb. 24.
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December 27, 2019 at 12:50AM
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