Matthew D Hutcheson
FCI Englewood – Satellite Camp
9595 W. Quincy Ave.
Littleton, CO 80123
June 25, 2019
Melody Van Horn, Clerk
Idaho Bar Counsel’s Office
Disciplinary Hearing Committee McCarthy 15-140 P.O. Box 895
Boise, ID 83701
Re: Clarification of reply brief deadline
Dear Ms. Van Horn:
Something has been troubling me since yesterday’s hearing. It pertains to the final due date of the promised reply brief. I respectfully ask that this clarifying letter be provided to the members of the committee.
After yesterday’s hearing, I located the appeal docket and was devastated by what I discovered. The filing deadline was in fact February 9, 2015 (460). The cause of my belief that the deadline was later is likely due to Mr. McCarthy’s representation to me on February 10, 2015 (one day after missed February 9 deadline) that he had obtained another extension (575) – and presumably would continue to obtain extensions as needed. I direct the Committee’s attention to Mr. McCarthy’s July 1, 2014 email to me in which he states, “I can motion the court to file additional briefing at any time; up to oral argument or after.”
Considering the revelations from yesterday’s hearing, the two assurances stated above by Mr. McCarthy formed the basis of my belief. I am shocked and devastated to now learn that the February 10, 2015 representation of an extension was another lie (the docket shows no such extension was even requested much less obtained). Therefore, I was obviously informed by Mr. McCarthy that no reply brief would be filed more than two months after the filing deadline had expired. Yet, he led me along that entire time between February 9 and April 22, 2015, stating he would be filing soon, etc.
Finally, Mr. McCarthy said yesterday that he had nothing in the record to use in the reply brief, which was his excuse not to help me. Since he did not keep communication records, it seems that he did not know, or care, about the important information which I had been sending to him. If his claim that all email records expired from the prison email system every 30 days, by April 2015, he would have lost everything which I had sent to him from January 2014 until March 22, 2015. He had nothing to use from me or from the record. He also parrotted the government’s position that a Mr. George Gowen stated at some point certain financial instruments were not valid or authentic. Yet, what Mr. Gowen actually said on the record can be found in Bar proceeding documents 357-362 (sentencing hearing dkt 148). He could have submitted that sworn declaration, at a minimum, to the court of appeals in a reply brief. It is yet another example of many lies and excuses.
These new revelations about the missed reply brief deadline, when viewed in light of Mr. McCarthy’s promises and representations made through April 21, 2015, have deeply wounded me, my family, and investors, which has negatively affected our impression of the legal profession.