Federal Rules of Criminal Procedure TITLE V. VENUE Rule 18. Place of Prosecution and TrialRule 18. Place of Prosecution and Trial
Unless a statute or these rules permit otherwise,
the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.
28 U.S.C. former 114 (now 1393, 1441) provides:All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district.
Within the framework of the foregoing constitutional provisions and the provisions of the general statute, 28 U.S.C. 114 [now 1393, 1441], supra, numerous statutes have been enacted to regulate the venue of criminal proceedings, particularly in respect to continuing offenses and offenses consisting of several transactions occurring in different districts. Armour Packing Co. v. United States, 209 U.S. 56, 73 77; United States v. Johnson, 323 U.S. 273. These special venue provisions are not affected by the rule.
- Section 103 [now 18 U.S.C. 3237 ] (Offenses begun in one district and completed in another)
The Awan's had two residences, one in VA and one in FLA
They also had three offices, 1 in VA, 1 in FLA, 1 in ARK
The Bank Fraud took place in Alexandria, Virginia on November 7, 2014, for $187,500.00
Also the Plea deal only mentions the dismissal of charges against his wife Hina Alvi Awan
No mention of charges being dropped against the brother Abid A Awan who was also charged but never indicted that we know of.
There are several twitter discussions going back and forth on all this by claimed attorneys, all have different interpretations of the Venue argument, it's interesting to watch. There are a lot of moving parts.
But the fact that he is pleading out a case that was committed in the EDVA and he's being tried in the DCC gives a little credence to the argument on venue.
Never take a hostage you aren't willing to shoot,
Remember, America doesn’t negotiate with terrorists.
Code 7 10-42