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United States v. Loz

United States District Court, E.D. Virginia, Alexandria Division

December 17, 2014

UNITED STATES OF AMERICA,
v.
ITZHAK LOZ, et al., Defendants

For Itzhak Loz, also known as Ari, also known as Avi, Defendant: Edsel Jay Guydon, Martin & Gitner PLLC, Washington, DC.

For Ronen Fakiro, Defendant: Christopher Bryan Amolsch, LEAD ATTORNEY, Law Office of Christopher Amolsch, Alexandria, VA.

For Boaz Borohov, Defendant: Leo R. Andrews, Jr., LEAD ATTORNEY, Arlington, VA.

For Ofra Borohov, Defendant: Alan H. Yamamoto, LEAD ATTORNEY, Law Office of Alan Yamamoto, Alexandria, VA.

For Arkadiy Bangiyev also known as Alex, Defendant: Peter David Greenspun, LEAD ATTORNEY, Greenspun Shapiro PC, Fairfax, VA; Mikhail Nekrich Lopez, Greenspun Shapiro PC, Fairfax, VA.

For Eduard Bangiyev also known as Eddie, Defendant: Nina J. Ginsberg, LEAD ATTORNEY, DiMuro Ginsberg PC, Alexandria, VA; Andrea L. Moseley, DimuroGinsberg PC, Alexandria, VA; Mikhail Nekrich Lopez, Greenspun Shapiro PC, Fairfax, VA.

For Johnny Lee also known as Ramel also known as Ra also known as Jason Carter, Defendant: David Brian Deitch, LEAD ATTORNEY, Ifrah PLLC, Washington, DC.

For Tarell Johnson also known as Nu Nu also known as Nu, Defendant: Todd Stewart Baldwin, LEAD ATTORNEY, Law Offices of Todd S. Baldwin, Fairfax, VA.

For Craig Johnson also known as Uncle Bill, Defendant: Thomas B. Walsh, LEAD ATTORNEY, Petrovich & Walsh PLC, Fairfax, VA.

For Shannon Lamont Smith, Defendant: John C. Kiyonaga, LEAD ATTORNEY, The Law Office of John C Kiyonaga, Alexandria, VA.

For Frederick Barrett, Defendant: John Obiora Iweanoge, LEAD ATTORNEY, The Iweanoges Firm PC, Washington, DC.

For Ramel Epps, Defendant: James W. Hundley, LEAD ATTORNEY, Brigliahundley PC, Vienna, VA.

For Brattie Guerra, Defendant: Harry Adrian Dennis, III, LEAD ATTORNEY, Dennis & Stewart PLLC, Arlington, VA.

For USA, Plaintiff: Kimberly Riley Pedersen, LEAD ATTORNEY, United States Attorney's Office, Alexandria, VA; Allison Ickovic, U.S. Attorney's Office (Alexandria-NA), Alexandria, VA; Gordon D. Kromberg, United States Attorney's Office, Alexandria, VA.

MEMORANDUM OPINION

Liam O'Grady, United States District Judge.

This matter comes before the Court on Defendants Arkadiy Bangiyev and Eduard Bangiyev's Motions to Suppress Wiretap Evidence (Dkt. Nos. 333 & 340). The government has filed its consolidated response, to which Defendants have replied. The Court heard oral argument on the motions on December 5, 2014. For the reasons set forth below, the motions are hereby DENIED.

I. Legal Standard

The federal wiretap statute, codified at 18 U.S.C. § 2510, et seq., governs the issuance of wiretap orders to law enforcement. To authorize a wiretap, the issuing judge must find: (1) probable cause, and (2) that " normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous." ...


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