SAN ANTONIO – Texas state Sen. Carlos Uresti and a defendant in another alleged fraud scheme, Dr. David Dubin, are both facing serious federal charges in court in separate cases. They both chose Michael McCrum of McCrum Law Offices in San Antonio to represent them.
Now they may be forced to choose another lawyer after Uresti’s court date was moved to Jan. 4, 2018, two days after Dubin’s case is set to go to trial. McCrum stated in an Oct. 24 advisory to the court that he is not available in February or March because of other commitments.
The scheduling conflict for McCrum arose on Oct. 18. Senior Justice David Ezra of the San Antonio Division of the Western District Court of Texas held a hearing on Oct. 18 in response to Karl Basile’s motion to withdraw as counsel for Stanley Bates in the United States v. Carlos Urseti, Stanley Bates and Gary Cain. Basile stated he couldn’t be an efficient lawyer due to conflicts between himself and Bates that he did not specify.
McCrum has requested yet another schedule change for April 2018 so both men have the right to keep the counsel they want.
Ursesti, Stanley Bates and Gary Cain were indicted in May in an alleged investment fraud case that some are calling a classic Ponzi scheme. Dubin's case was indicted in June and relates to allegations of health care fraud.
Uresti’s counsel filed a motion for continuance of jury trial setting Oct. 18, written by attorney Tab Turner, arguing a continuance would violate the constitutional right to a speedy trial.
Ezra ultimately pushed back the court date from Oct. 23 to Jan. 4.
Ezra promptly canceled the pretrial conference Oct. 18 as well that was set for Oct. 19 in light of the new developments. Attorney Kurt May is taking over as counsel for Stan Bates.
In his request for a rescheduled court date on Oct. 24, McCrum stated that Basile’s inaction in the five months preceding the trial was “gross negligence in not having done anything to prepare for trial.” He alluded to Basile’s possible negligence being to blame for this continuance that could potentially disturb five months of preparation on two cases if a new trial date cannot be set, and either Uresti or Dubin is forced to choose a different lawyer.
Turner said in motion for continuance of jury trial setting that Basile was “using the same excuse - his inability (or unwillingness) to timely prepare” which “has now allegedly put him in a conflict with his client,” referring to a request Basile made Oct. 2 that was denied for a continuance because he was not ready.
Uresti is accused of wire and securities fraud in connection with Four Winds, a now-bankrupt frac sand business.
No response from the courts regarding McCrum’s request for another court date has been recorded at the time of press.
San Antonio Division of the Western District of Texas case Number SA-17-CR-381-DAE