IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
RAPHI JOSEPH, 
Defendant. 
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Case No. 3:19-cr-0040 
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ORDER 
 
BEFORE THE COURT is the mandate of the Third Circuit remanding the criminal case 
of Raphi Joseph (“Joseph”) to this Court. For the reasons stated herein, the time to try this 
case is extended up to and including August 17, 2020. 
On March 17, 2020, the Chief Judge of the District Court of the Virgin Islands entered 
a general order responding to the COVID-19 pandemic. The Chief Judge noted that the 
pandemic had been declared a national emergency and a public health emergency by the 
President of the United States. The Chief Judge also noted that the Governor of the Virgin 
Islands had declared a state of emergency. The Chief Judge found it necessary to “take 
reasonable and prudent actions” “in order to further public health and safety, and the health 
and safety of Court personnel, counsel, litigants, other case participants, jurors, persons with 
other business at the courthouse, and the general public.” Mar. 17, 2020, Order Concerning 
Operations of the District Court of the Virgin Islands During the COVID-19 Outbreak at 1-2 
(Mar. 17, 2020), https://www.vid.uscourts.gov/sites/vid/files/general-ordes/CoronaVirus 
OperationsOrder.pdf. 
 
Among other precautionary measures, the Chief Judge continued all criminal trials 
scheduled from March 18, 2020, through April 16, 2020. The Chief Judge found that the ends 
of justice required excluding March 18, 2020, through April 16, 2020, from the Speedy Trial 
count in all criminal matters. 
Such exclusion is necessary as to any cases scheduled for trial during the 
March 18, 2020[,] through April 16, 2020[,] period in order to assure that 
there is a full, unhindered, continuously serving jury venire and seated 
jury in every case, which is central to the sound administration of justice. 
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United States v. Joseph 
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Such exclusion of time is also necessary in cases that are set for trial 
outside of the March 18, 2020[,] through April 16, 2020[,] time period, as 
well as cases that are not yet set for trial, in order to address the 
reasonably anticipated difficulties in defense counsel communicating or 
visiting with clients; the difficulties that the parties are likely to face in 
undertaking all of the tasks necessary to fully prepare for trial; and the 
inherent delay in the scheduling of further trials as a consequence of the 
exclusion period herein. 
Id. at 2-3. The Chief Judge has since extended the general order twice, excluding March 18, 
2020, through June 15, 2020, from the Speedy Trial count in all criminal matters..  
 
Since the Chief Judge entered the general order, the crisis in the U.S. Virgin Islands 
and the United States in general has intensified. On March 17, 2020, there were 
approximately 7,000 confirmed cases in the United States, 2 of which were in the U.S. Virgin 
Islands. As of the date of this Order, there are over 1,500,000 confirmed cases in the United 
States, 69 of which are in the U.S. Virgin Islands. The virus has claimed over 93,000 lives in 
the United States and 6 in the U.S. Virgin Islands. The number of cases and deaths continues 
to rise. 
 
Recognizing the gravity of the situation, Congress passed an unprecedented financial 
assistance package, the CARES Act, on March 27, 2020. The Act was signed into law by the 
President of the United States that same day. Among its many provisions, the CARES Act 
authorizes district courts to use teleconferencing to hold felony plea hearings and felony 
sentencing hearings under appropriate circumstances. See CARES Act, Pub. L. No. 116-136, 
§ 15002(b)(2) (2020).  
 
While the Speedy Trial Act requires that defendants be tried within seventy days of 
indictment, the Court specifically finds that further extending this period would be in the 
best interest of justice. In order to avoid overwhelming our healthcare system, it is essential 
that action be taken to slow the spread of the virus. Social distancing--specifically avoiding 
gatherings of more than 10 people and maintaining a distance of at least 6 feet from others-
-is the most effective check against the COVID-19’s transmission. Given the increasingly dire 
circumstances faced by the U.S. Virgin Islands and the United States as a whole, the Court 
finds that a greater extension of time is necessary for the protection and well-being of the 
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defendant, the jury, the prosecutors, the witnesses, the Court’s personnel, and the general 
public at large.   
 
The premises considered, it is hereby  
 
 
ORDERED that the time beginning from the date of this order granting an extension 
through August 17, 2020, shall be excluded in computing the time within which the trial in 
this matter must be initiated pursuant to 18 U.S.C. § 3161; it is further 
ORDERED that the trial in this matter shall commence promptly at 9:00 A.M. on 
August 17, 2020, in Saint Thomas Courtroom 1 before District Judge Robert A. Molloy. 
 
Dated: May 21, 2020 
 
s/ Robert A. Molloy  
 
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
 
District Judge 
 
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