An Orange County businessman is asking a federal judge to throw out his December 2025 indictment, arguing the head of the local U.S. Attorney’s Office never had the lawful authority to bring the case in the first place. The challenge centers on 49-year-old Tu Anh Tran, who was indicted in December 2025 on a federal charge of possession of property stolen from interstate or foreign shipment. Tran’s attorney says recent court rulings over how the acting U.S. attorney was installed undercut any prosecutions that flowed from his time running the office.
Defense Targets Essayli’s Time in Charge
In a motion filed June 19, 2026, defense attorney Dean Steward asked the court to dismiss the indictment and to remove Bill Essayli from office, arguing Essayli’s interim appointment began on April 2, 2025 and expired July 31, 2025 before the Department of Justice later named him Acting U.S. Attorney, Steward wrote. The motion contends the administration’s moves to keep Essayli atop the Central District of California amounted to an unlawful extension of interim authority. The indictment alleges Tran and co-defendant Truc Doan possessed about 1,100 cartons of Skechers goods valued at roughly $400,000, Harbor Freight merchandise worth about $98,000, Milwaukee tools near $93,000 and Mercedes-Benz parts totaling about $1.4 million, according to MyNewsLA.
Key October Ruling Looms Over Case
Steward’s motion leans heavily on an Oct. 28, 2025 ruling by U.S. District Judge J. Michael Seabright, who found that "Essayli is not lawfully serving as Acting United States Attorney" and disqualified him from supervising prosecutions in several cases, according to AP News. The court’s 64-page order tracks Essayli’s April interim appointment, a July order from the attorney general and the limits of the Federal Vacancies Reform Act, and concludes he could not perform the functions of the U.S. Attorney as Acting U.S. Attorney, as outlined in the court’s order Seabright Order. That decision has become a central precedent for defense teams attacking prosecutions brought while Essayli asserted authority.
Ripple Effect Across Federal Districts
Defense lawyers in multiple districts have seized on similar rulings, and courts have split on remedies, with some judges disqualifying prosecutors but keeping indictments in place and others ordering dismissals, prompting appeals that could reshape how the Justice Department fills vacancies, according to Axios. Steward’s motion cites that patchwork of outcomes as a reason to grant broad relief in Tran’s case and to scrub any perceived taint tied to Essayli’s supervision. The outcome could influence how the Central District handles theft and other prosecutions that began during the disputed period.
What Other Judges Have Done
In his October order, Judge Seabright rejected the most sweeping remedy requested by defendants in the consolidated cases, which was wholesale dismissal of indictments, but he did disqualify Essayli from the acting role and left prosecutions intact when other assistant U.S. attorneys had signed the charging papers, the order shows. Other judges have reached different conclusions when reviewing acting appointments, giving defendants a range of potential relief. If the court in Tran’s case accepts Steward’s argument, prosecutors could be required to refile charges, or the government could try to preserve the indictments and take the fight to an appeals court.
What Comes Next in OC
The motion is now pending in federal court and could prompt additional briefing and arguments before a judge rules. The U.S. Attorney’s Office did not immediately respond to a request for comment Friday because federal offices were closed for the Juneteenth holiday, according to MyNewsLA.
