U.S. v. Liu, No. 09-10136 (1-21-11) (Tallman with B. Fletcher and Rawlinson).

There are counterfeit bills so good that they can pass undetected through slot machines and cash counting machines in Las Vegas (you see where this is going). These bills, known as supernotes, come from outside the country, possibly North Korea or Russia. The defendant was charged with being a member of a conspiracy to bring such bills in Los Angeles. The California indictment was filed in 2005 and the defendant was released. The trial was then continued numerous times. During this time, the defendant was caught in Las Vegas continuing his participation in the conspiracy (and losing $1.9 million at a single casino). The California indictment was dismissed and a superseding indictment was filed in Las Vegas in 2008. He was convicted on conspiracy charges related to counterfeiting. On appeal, the defendant argues that the Speedy Trial Act was violated. He argues that the California indictment had the same conspiracy charges as the Las Vegas indictment. He also argued that he should have a multiple conspiracy instruction and a unanimity instruction. The 9th rejected these arguments and affirmed. The 9th held that the delay in the superseding indictment was reasonable: there were continuances, no evidence of government bad faith, and a new co-defendant was added (later acquitted) in the Las Vegas indictment. The 9th also found no need for a multiple conspiracy instruction given that there was no spillover prejudice.