U.S. District Judge Windy Vitter
Counsel for a jailed attorney convicted as a result of the years-long probe into staged accidents in New Orleans are urging a federal court to grant him home confinement after prosecutors said evidence was not disclosed prior to his conviction.
New Orleans attorney Jason F. Giles, 47, and the King Firm were convicted in March of conspiracy to commit mail and wire fraud, obstruction of justice and witness tampering. Giles, who has yet to be formally sentenced, was then remanded to the custody of U.S. Marshals. Attorney Vanessa Motta and the Motta Firm were also found guilty of all charges against them after a three-week trial earlier this year.
Giles
Those convictions followed federal investigations into how personal-injury law firms had recruited “slammers” and other participants to stage accidents with 18-wheeler trucks and then extract settlements, medical costs and other damages from trucking and insurance companies. The scheme began in December 2011, according to the U.S. Attorney’s Office in New Orleans.
Court documents filed over the past two weeks, however, show that government prosecutors “inadvertently” failed to disclose to the defendant statements by a key witness until July 10. In turn, this 302 document – a summary report authored by an FBI agent – raises concerns that the prosecution withheld evidence potentially favorable to the defense and violated a rule established by the 1963 U.S. Supreme Court case Brady v. Maryland, according to Giles’ attorneys.
“Based upon this July 10, 2026, disclosure, defendants intend to file a motion for further Brady information and relief from a Brady violation for failing to provide a 302 of a critical witness,” Giles’ attorneys said in support of a motion seeking reconsideration of all of Giles’ pending motions with the Eastern District of Louisiana court.
The defense argues in court documents that the file relating to statements by government witness Roderick Hickman add support for a motion for a new trial for Giles relating to the counts alleging obstruction of justice, witness tampering and conspiracy to commit mail or wire fraud.
The evidence not disclosed to the defense until months after Giles’ convictions must be reviewed to determine how it would have affected his trial, according to a motion by Giles’ attorneys, Richard Simmons Jr. and Lynda Van Davis-Greenstone, in a response to a government motion to postpone Giles’ sentencing.
“Giles is not a risk of flight or a danger to any government witness,” the filing states. “... It is respectfully submitted in the best interest of justice that the defendants have a reasonable opportunity to review the recently disclosed evidence and file appropriate pleadings. The suggestion of a release to home confinement permits the defense an opportunity to set forth additional responses.”
Motta
Attorney Simmons did not respond to a request for comment. A spokesman for the U.S. Attorney’s Office said, “Our office declines comment beyond the public filings.”
Renee Amar, executive director of the Louisiana Motor Transit Association, expressed concern that the current procedural issues raised after the conviction could end up reducing accountability for those involved in the staged-accident fraud schemes.
“While we respect the judicial process and the due process rights of all parties, it is important not to lose sight of the significant harm these schemes caused to truck drivers, motor carriers and the public,” Amar told the Louisiana Record in an email. “We remain committed to combating fraud and ensuring those who knowingly participated in these dangerous schemes are held appropriately accountable, and we hope the court remains equally committed to that objective.”
Critics have said that long-term impact of conspirators to defraud insurers and trucking companies has included higher commercial insurance rates.
A scheduled Aug. 11 hearing to discuss the dispute over evidence has been postponed by federal Judge Windy B. Vitter.
