IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION
1:18 cr 47-2

UNITED STATES OF AMERICA )

)
v. ) ORDER
)
MICHAEL GENE GREENE, )
)
Defendant. )
______________________________________ )

This matter is before the Court following a motion hearing on Defendant’s Motion to

Modify Conditions of Release [# 17]. On April 13, 2018, the Court entered an Order Setting

Conditions of Release [# 11]. In the Order, the Court stated:

(8) The defendant must:

(j) avoid all contact, directly or indirectly, with any person who is or may
become a victim or potential witness in the investigation or prosecution,
including but not limit to: co-defendants. [Defendant] may have contact with
his mother, Wanda Greene. Do not discuss case. [# 11].

On April 18, 2018, Defendant filed a motion, which mirrors a motion filed by his co-

defendant, asking the Court to modify his conditions of release. Specifically, Defendant asked the

Court to allow Defendant to have contact with Irene Wolfe.

On April 23, 2018, the Court jointly heard Defendant’s and co-defendant’s motions. During

the hearing, additional requests were made to have contact with Peggy Hughes and Rebecca

Gillespie. For the following reasons, the Court will deny the motion.

Discussion. The thrust of the 38-page bill of indictment is an alleged conspiracy to commit

an offense against the United States, defrauding a federal program fund, and wire fraud [# 1]. The

facts that give rise to these allegations concern Defendant’s tenure working for the Government of

Buncombe County.

Irene Wolfe is Defendant’s aunt. Wolfe previously worked for the County as the financial
Case 1:18-cr-00047-RJC-DLH Document 19 Filed 04/24/18 Page 1 of 2
services manager. Wolfe currently works at the County as a county accountant. While the Court

takes no stance on whether Wolfe was involved or not, the Court finds Wolfe may be a potential

witness. Wolfe has received a grand jury subpoena. The U.S. Attorney’s Office stated Wolfe is a

potential witness. Accordingly, the Court will not allow Defendant to have contact with Irene

Wolfe.

Peggy Hughes is also Defendant’s aunt. Hughes has worked for the County. The Court

finds Hughes is a potential witness. Accordingly, the Court will not allow Defendant to have

contact with Peggy Hughes.

Rebecca Gillespie is Defendant’s cousin. The North Carolina State Bureau of Investigation

has interviewed Gillespie. The Court finds Gillespie is a potential witness. Accordingly, the Court

will not allow Defendant to have contact with Rebecca Gillespie.

In order for the allegations to be true in the bill of indictment, the Court believes more than

two people were involved in the conspiracy and fraud. The Court takes no stance on whether Wolfe

or other family members were involved.

Thus, the Court DENIES Defendant’s motion [# 17]. The Court ORDERS that Defendant

is not to communicate with Wolfe, Hughes, Gillespie, or anyone employed by Buncombe County

except as outlined in the Order Setting Conditions of Release.

Signed: April 24, 2018

Case 1:18-cr-00047-RJC-DLH Document 19 Filed 04/24/18 Page 2 of 2