United States District Court, W.D. Oklahoma
TIMOTHY D. DEGIUSTI, UNITED STATES DISTRICT JUDGE.
the Court are motions to quash filed by non-parties Verdia
Ezell-Childs [Doc. No. 98] and Yvonne Washington [Doc. Nos.
105, 106]. The United States has responded to the motions
[Doc. Nos. 100, 107] and Ms. Childs has replied [Doc. No.
104]. The matter is fully briefed and at issue.
21, 2009, Defendant Melvin Childs pled guilty to both counts
of a two-count Information charging him with wire fraud under
18 U.S.C. § 1343 and money laundering under 18 U.S.C.
§ 1957(a). He was sentenced to probation for a term of
five years as to each count, to be served concurrently, and
ordered to pay restitution in the amount of $357, 963.89. On
January 7, 2014, Childs' probation was revoked and he was
sentenced to six (6) months' incarceration followed by
two years' supervised release for, among other things,
submitting three checks to the Court Clerk's office that
were returned for insufficient funds. See Order,
Jan. 7, 2014 [Doc. No. 49]. The checks were drawn on an
account in the name of Touch 1 Media LLC (“Touch
1”) and signed by Yvonne Washington. Id. at 3.
Based on testimony received at the revocation hearing, the
Court found that Childs asked Touch 1 to issue the checks on
his behalf. Id. at 4. Childs completed his
supervised release in August 2016.
present discovery dispute stems from the government's
continuing efforts to collect restitution. After his
discharge from supervised release, the government served
Childs with written discovery requests, seeking information
about, inter alia, his employment, income stream,
and relationship with Touch 1, Ms. Washington, and Produced
by Faith LLC (PBF). In his responses, Childs stated he had no
income, was employed at PBF as an unpaid production
consultant, and identified Ms. Washington/PBF as having
knowledge of financial information related to the Love
Jones musical. After several unsuccessful attempts to
obtain information from Ms. Washington, the government filed
notices of subpoenas duces tecum indicating its intent to
serve subpoenas on Touch 1 and PBF. The subpoenas, which are
similar in their subject matter and scope, generally seek
information related to each company's formation, their
financial statements, Childs' employment, and their
respective financial relationship with Childs.
Washington, in her capacity as registered agent for Touch 1
and PBF, objects to the subpoenas and has moved the Court for
an order quashing the subpoenas on the grounds they are
overly broad and create an undue burden and expense.
Alternatively, Ms. Washington asks that the subpoenas be
substantially modified in certain respects.
efforts to collect restitution, the government also learned
that Childs drove a 2014 Maserati Ghibli and he and Ms.
Washington purchased the vehicle in Georgia. Further inquiry
revealed that Childs, in his capacity as “owner or
legal agent” of PBF, registered the vehicle. After
Childs failed to respond to written discovery requests
relating to said purchase/registration, the government filed
a notice of subpoena duces tecum indicating its intent to
serve a subpoena on the Municipal Employees Credit Union
(MECU). The subpoena requested MECU to produce:
Copies of loan applications and/or agreements for any and all
accounts, purchases or sales, in the name of or related to
MELVIN BROWN CHILDS, III …. Items
should include, but not be limited to:
a. Melvin Brown Childs, III;
b. MECU loan account [REDACTED]; and
c. Auto loan for a Maserati Ghibli[.]
Include copies of loan applications, monthly billing
statements, repayment records disclosing the dates, amounts
and method of repayment, and checks used to make repayments
(front and back), and any memoranda or correspondence from
the time of purchase to the present (Emphasis in original).
discussed more fully below, Verdia Ezell-Childs is
Childs' ex-wife. She moves the Court to quash the MECU
subpoena on the grounds that it: (1) seeks irrelevant
information, and (2) was issued for purposes of harassment.