United States v. Lyttle, No. 09-5195 (2d Cir. 2012)Annotate this Case
Defendant was convicted of numerous offenses relating to her involvement in a fraudulent "high-yield investment program." Before defendant was indicted and before the applicable statute of limitations had run, the district court granted a government application to suspend the statute of limitations pursuant to 18 U.S.C. 3292 while the government sought the assistance of the Hungarian government in recovering records relating to transfers of the scheme's proceeds into Hungarian bank accounts. On appeal, defendant argued, among other things, that the indictments should have been dismissed because insufficient evidence supported the district court's order to suspend the running of the statute of limitations. The court held (1) that the evidence in this case was sufficient to support the district court's order; (2) that section 3292 did not require that the foreign evidence sought be necessary for an indictment, nor that it be obtainable only through an official request to a foreign government; and (3) that district courts could rely on ex parte proceedings when deciding to issue section 3292 orders. Accordingly, the judgment was affirmed.
The court issued a subsequent related opinion or order on February 6, 2012.