Federal Judge Orders Hearing on Suppression in Tricolor Case
Judge Castel orders evidentiary hearing on motion to suppress evidence in Tricolor case.
Why it matters: This hearing advances key procedural scrutiny in a high-profile fraud case, shaping standards for evidence handling and trial fairness crucial for defense and prosecution strategies.
- Judge P. Kevin Castel set evidentiary hearing for October 7, 2026, lasting up to three days.
- Motion challenges government seizure of privileged and unrelated digital communications from Daniel Chu's devices.
- Defense recounts 44% nonresponsive material found in government’s review of seized evidence.
- Trial for former Tricolor CEO Daniel Chu is scheduled to begin January 25, 2027.
On September 28, 2026, U.S. District Court Judge P. Kevin Castel granted a defense motion to hold an evidentiary hearing regarding the suppression of electronic evidence in United States v. Daniel Chu. The hearing will start on October 7, 2026, and last up to three days.
Daniel Chu, former CEO of Tricolor, faces charges under the 'Financial Kingpin' statute for allegedly orchestrating a scheme involving double-pledging company assets. Three former executives have pleaded guilty and are cooperating with prosecutors, increasing scrutiny on the evidence presented.
The defense argues that law enforcement improperly seized privileged, personal, and unrelated communications from Chu's electronic devices and iCloud accounts. Defense attorney Matthew Schwartz criticized the government's evidence review, stating, "The government's responsiveness review has produced a shocking amount of nonresponsive material." According to the defense, 44% of the material reviewed was nonresponsive.
Assistant U.S. Attorney Shiva Logarajah conceded errors in identifying responsive material but maintained that "the government's process was reasonable under the Fourth Amendment" and that proper quality controls were in place.
The evidentiary hearing will examine these contested issues of evidence handling, potentially setting important precedents on government search protocols and constitutional compliance. The trial is slated for January 25, 2027.
By the numbers:
- September 28, 2026 — Date evidentiary hearing was ordered
- October 7, 2026 — Scheduled start of hearing
- Up to 3 days — Duration of evidentiary hearing
- 44% — Portion of nonresponsive evidence identified by defense review
What's next: Evidentiary hearing begins October 7, 2026, potentially shaping trial evidence admission and government search practices.