Katakis

ORDER RE: MOTION FOR JUDGMENT OF ACQUITTAL ON COUNT THREE

In the Superseding Indictment, the government charged defendant Andrew Ka-takis with violation of the Sherman Antitrust Act, 15 U.S.C. § 1 ; conspiracy to commit mail fraud, 18 U.S.C. § 1349 ; and obstruction of justice, 18 U.S.C. § 1519 . After a twenty-three-day jury trial, the jury found Katakis guilty of the Sherman Antitrust and obstruction of justice charges but was unable to reach a verdict on the conspiracy to commit mail fraud charge. (Docket No. 277.) Pursuant to Federal Rule of Criminal Procedure 29, Katakis seeks a judgment of acquittal on the Third Count for obstruction of justice.

The Superseding Indictment charged and the evidence at trial established that the government began an investigation in 2009 of anti-competitive conspiracies between Katakis and other purchasers at public foreclosure auctions in San Joaquin County, California. As part of that investigation, the government subpoenaed bank records for Katakis and his company from Oak Valley Community Bank on August 27, 2010. In response to the subpoena, the bank sent Katakis a letter on September 1, 2010 informing him of the subpoena and providing him…