Kodzis

Order Denying Defendant Kodzis’ Ex Parte Application to File Proffer Under Seal

Defendant Piotr Kodzis, through counsel, submitted an ex parte request to file a proffer under seal with regard to his eligibility for appointment of counsel under 18 U.S.C. § 3006A(a). The government has filed an opposition, and Kodzis has filed a reply. Kodzis argues that he should be permitted to submit financial information by way of proffer made by his counsel, ex parte and under seal, in lieu of any personal statement on his own behalf. Kodzis argues this procedure is necessary to avoid any unnecessary conflict between his right to counsel under the Sixth Amendment and his Fifth Amendment privilege against self-incrimination. For the reasons explained below, Kodzis’ request to proceed by proffer of counsel ex parte and under seal is DENIED. Kodzis shall submit the required financial information in support of his request for appointment of counsel under 18 U.S.C. § 3006A(a) within ten (10) days of the filing of this Order.

Background

The indictment against Kodzis arises out of the continuing criminal investigation related to PinnFund USA, Inc. Between 1993 and March 2001, PinnFund was a…