MYRTLE BEACH, SC (WMBF) – In an order released late Monday afternoon, a U.S. District judge in Northern California stated a close review of the record does not show the government's conduct to be "so grossly shocking and so outrageous as to violate the universal sense of justice" in the federal racketeering case surrounding the former Gold Club in Myrtle Beach.
The judge denied the motion, stating in part, It is not outrageous,"to approach individuals who are already involved in or contemplating a criminal act, or to provide necessary items to a conspiracy.
The order also stated authorities will eventually name the undercover informant and will exclude some evidence submitted after deadline.
However, the order states the option for relief to be granted after all the trial evidence is heard.
On Tuesday, September 22, a federal court in San Francisco submitted the U.S. Government's response to the request to dismiss charges in the case surrounding the former Gold Club in Myrtle Beach.
The Government called the motions to dismiss Mike Rose, former Gold Club owner, and Vladimir Handl, of Heat Ultra Lounge, "frivolous," and said they "should be swiftly denied without a hearing," according to documents filed with the Federal Court in the Northern District of California.
The defendants called the case a "completely government created scheme" in their motions filed earlier this month.
Parts of the case are described in the 16 page response from the Government, including the FBI's undercover investigation.
At one point FBI officials say Handl repeatedly asked the undercover agent "to provide him with cocaine," the documents state.
The Government also said in the response that "the defendants still have failed to come anywhere close to establishing a colorable claim of outrageous government conduct."
Jonathan Fisher, a Special Agent with the Federal Bureau of investigation, also submitted a declaration supporting the Government's response.
The following statement regarding the Government's response was issued by Solomon L. Wisenberg, attorney for Michael Rose:
"They are wrong on the facts and wrong on the law. We look forward to our day in court."
Seven people are facing charges in this federal case.
The trial is set to begin February 9th.
Click the following links to read the documents filed with the Federal Court in the Northern District of California in PDF format.
U.S. vs. Vladimir Handl, et al., Defendants – Government's response to defendants' motion to dismiss for outrageous government conduct (176 KB)
U.S. vs. Vladimir Handl, et al., Defendants – Declaration of Jonathan Fisher in support of Government's Response to Defendants' motions to dismiss indictment (91 KB)
Dismissal motions filed in federal racketeering case surrounding former Gold Club
Federal indictment provides details on alleged criminal enterprise
Attorney: Former Myrtle Beach police officer pleads not guilty on federal racketeering, money laundering conspiracy charges