5:25-cr-50005•USA v. Carney, et al
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION UNITED STATES OF AMERICA PLAINTIFF V. CASE NO. 5:25-CR-50005-001 & -002 JASON BOYD CARNEY and LACEY CHRISTINA CARNEY DEFENDANTS ORDER Before the Court are the Government’s Second, Third (as supplemented), and Fourth Motions in Limine (Docs. 97, 98, 99, 162). Defendant Jason Boyd Carney filed Responses in Opposition to the Second Motion and Third Motions (Docs. 132, 133, 163) but did not respond to the Fourth Motion. Defendant Lacey Christina Carney did not respond at all. I. Second Motion In Limine – Advice-of-Counsel Evidence The Second Motion in Limine seeks to preclude Defendants from offering evidence or argument regarding an advice-of-counsel defense. Mr. Carney responds that he has no intention of arguing such a defense or requesting a related jury instruction. At the same time, he asks that the Court not limit any witness from testifying truthfully if they took or refrained from taking a particular action based on advice of counsel. The Court agrees with the Government that advice-of-counsel evidence is likely to only be relevant in the context of a proper good-faith defense. According to the Government, it has not received notice of such a defense, much less reciprocal discovery on this topic. More recently, though, Mr. Carney has submitted a proposed good-faith jury instruction as a theory of defense to the tax counts—to which the Government objects. The Motion (Doc. 97) is therefore GRANTED IN PART––counsel may not mention or Case 5:25-cr-50005-TLB Document 165 Filed 05/05/26 Page 1 of 3 PageID #: <pageID>
2 elicit advice-of-counsel evidence outside the context of a proper good faith defense; and DEFERRED IN PART until such time as counsel can proffer the evidence and tie it to a proper good-faith defense. See Eighth Circuit Model Instructions – Criminal 9.08A, 9.08B, and 9.09. Any such proffer must also demonstrate compliance with any required reciprocal discovery obligations. III. Third Motion in Limine – Bank Records and Electronic Communications The Third Motion in Limine constitutes notice to Defendants of the Government’s intent to admit various records of regularly conducted activity under Federal Rules of Evidence 803(6) and 902(11) and certified data copied from an electronic device or storage medium under Rule 902(14). In response to the bank records issue, Mr. Carney agrees and stipulates to the authenticity and admissibility of all bank records listed in the Motion––except those of the Standard Bank of Malawi Limited, which is the subject of a separate motion in limine. He further stipulates to the admissibility of records from specifically identified retailers, charitable organizations, and other businesses. See Doc. 163, p. 2. Regarding electronic communications, Mr. Carney stipulates to the self- authenticating nature of such records, however he reserves the right to object to admissibility on other grounds, such as relevance, hearsay, and unfair prejudice. The Third Motion in Limine (Doc. 98) is therefore GRANTED IN PART AND DEFERRED IN PART. All bank records identified in the Motion will be deemed admissible except for the records of the Standard Bank of Malawi—whose admissibility is contested and will be resolved at a later date, if not at the time of trial. Likewise, the records of the other identified businesses and organizations are deemed admissible without objection. The electronic evidence from Mr. Carney’s cell phone is stipulated to Case 5:25-cr-50005-TLB Document 165 Filed 05/05/26 Page 2 of 3 PageID #: <pageID>
3 be authentic and generally admissible under Rule 902 without a sponsoring witness, but the Court will reserve its ruling on the evidence’s overall admissibility until such time as it is presented at trial. III. Fourth Motion in Limine – IRS Civil Assessment The Fourth Motion in Limine seeks to exclude all evidence related to the civil tax assessment levied against the Carneys for information omitted from their 2018 filed tax return. The Motion (Doc. 99) is unopposed and therefore GRANTED. Accordingly, IT IS ORDERED that the Government’s Second Motion in Limine (Doc. 97) is GRANTED IN PART AND DEFERRED IN PART; the Government’s Third Motion in Limine (Doc. 98) is GRANTED IN PART AND DEFERRED IN PART; and the Government’s Fourth Motion in Limine (Doc. 99) is GRANTED. IT IS SO ORDERED on this 5 th day of May, 2026. ____________________________________ TIMOTHY L. BROOKS CHIEF UNITED STATES DISTRICT JUDGE Case 5:25-cr-50005-TLB Document 165 Filed 05/05/26 Page 3 of 3 PageID #: <pageID>
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