Prosecutors in the Tom Petters criminal case made an unusual request Sunday—they asked for a judge to erase a document filed by Petters’ defense team earlier in the week.
Petters’ attorneys had asked a judge to review thousands of pages of documents because they believed the government seized some of those documents when they were supposedly protected by attorney-client privilege.
On Sunday, prosecutors fired back, asking a judge to not consider the May 29 document from Petters' attorneys and erase it from the record because it exceeded the 3,500 word limit and was filed in violation of a rule, the government says, that does not allow reply submissions.
In fact, prosecutors call the filings nothing but a ‘blizzard of paper,’ and argue that the effort by Petters' attorneys to get a judge to examine all those seized documents to see if any are protected by attorney-client privilege is a ‘wasteful, academic exercise,’ that is ‘a pointless procedural ploy intended to delay and derail these proceedings.’
By late Monday, the judge said the court would not strike the document.
A 20-count indictment accused Petters of fraud and conspiracy for allegedly running a multi-billion dollar Ponzi scheme. Since his arrest in last September, Petters has maintained his innocence.
Petters’ jury trial is set to begin Sept. 14 with jury selection beginning Sept. 8.