U.S. v. FRENCH GULCH NEVADA MINING CORPORATION

Case No. 2:10-CR-00255-TLN.

UNITED STATES OF AMERICA, Plaintiff, v. FRENCH GULCH NEVADA MINING CORPORATION, ET AL., Defendants.

United States District Court, E.D. California.


Attorney(s) appearing for the Case

USA, Plaintiff, represented by Samuel Wong , United States Attorney's Office.


PLAINTIFF'S EX PARTE MOTION TO DISMISS THE INDICTMENT AGAINST DEFENDANTS FRENCH GULCH NEVADA MINING CORPORATION, BULLION RIVER GOLD CORPORATION. AND PETER MARTIN KUHN, AND ORDER THEREON

TROY L. NUNLEY, District Judge.

Whereas, by Indictment filed on July 1, 2010, defendants French Gulch Nevada Mining Corporation; Bullion River Gold Corporation; their President and Chief Executive Officer Peter Martin Kuhn, and French Gulch Nevada Mining Corporation's Mill Superintendent Kiedock Kim were charged with violating 18 U.S.C. §§ 371 and 2 — Conspiracy and Aiding and Abetting; 18 U.S.C. § 1361 — Depredation Against United States Property; 18 U.S.C. § 1001(a)(2) — False Statements (2 Counts); and 33 U.S.C. § 1319(c)(1)(A) — Negligent Discharge of a Pollutant to a Water of the United States;

Whereas, the United States learned that both defendants French Gulch Nevada Mining Corporation and Bullion River Gold Corporation filed for bankruptcy protection after commission of the alleged crimes, but before the filing of the Indictment;

Whereas, the case against defendant Kiedock Kim was successfully prosecuted and resolved; and

Whereas, defendant Peter Martin Kuhn has remained a fugitive outside the territorial reach of the United States for over six and one-half years since the filing of the Indictment on July 1, 2010, and the prospects for his future apprehension appear dim,

The United States hereby moves ex parte in the interests of justice for an Order from this Court dismissing the Indictment against defendants French Gulch Nevada Mining Corporation; Bullion River Gold Corporation; and Peter Martin Kuhn.

ORDER

The Court having received, read, and considered the ex parte motion of plaintiff United States of America for an order dismissing the Indictment against defendants French Gulch Nevada Mining Corporation; Bullion River Gold Corporation; and Peter Martin Kuhn only, and good cause appearing therefrom, it is hereby ordered that the motion of the United States is hereby granted in its entirety and the Indictment is hereby ordered dismissed against these three defendants only.

It is so ORDERED.


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