United States District Court, S.D. New York
OPINION & ORDER
M. WOOD UNITED STATES DISTRICT JUDGE
Gerald Seppala ("Seppala") is charged with wire
fraud in violation of 18 U.S.C. §§ 1342-43 and
conspiracy to commit wire fraud in violation of 18 U.S.C.
moves to suppress his post-arrest statements to law
enforcement officers on the grounds that admitting such
statements would violate his rights under the Sixth Amendment
and Miranda v. Arizona, 384 U.S. 436
(1966). Seppala's motion is GRANTED because
Seppala unambiguously invoked his right to counsel when he
asked, "Do I have an opportunity to call an
22, 2016, Seppala was indicted by a Grand Jury sitting in
this District. (Indictment, ECF No. 1.) Six days later, at
around 7:00 a.m., a team of Federal Bureau of Investigation
("FBI") agents led by Special Agent Matthew Vogel
("SA Vogel") arrived at Seppala's home to
execute a search warrant. (Gov't Opp'n, ECF No. 70,
at 2.) The agents arrested Seppala, who had never been
arrested before. (Def's Aff, ECF No. 69, ¶16.)
agents began searching his home, Seppala was led in handcuffs
to a table where the agents had set up a video camera.
Moments after Seppala sat down, the following initial
exchange took place:
Seppala: Do I have an opportunity to call an attorney?
SA Vogel: Uh, you will.
SA Vogel: Let's, um, let's go through what's
going on so that you make informed decisions today.
A at 8:58-9:14.) Immediately after this exchange, SA
Vogel advised Seppala of his Miranda rights,
including the right to counsel. (Video A at 9:44-10:08.)
Vogel then uncuffed Seppala, and Seppala signed a form that
further advised him of his Miranda rights (the
"advice- of-rights form"). (Opp'n, Ex. 1, ECF
signing this form, FBI agents began to interview Seppala, who
was visibly bewildered. Fifteen minutes into the interview,
the following exchange occurred:
Seppala: When can I call a lawyer, because we're not
SA Vogel: I- -I . . . you-you can, like we said before and
on-and on that form, you can stop-you can answer any, as
many, or none ...