Government solely “to gain tactical advantage over the accused,” precisely because investigative delay is not so one-sided. Rather than deviating from elementary standards of “fair play and decency,” a prosecutor abides by them if he refuses to seek indictments until he is completely satisfied that he should prosecute and will be able promptly to establish guilt beyond a reasonable doubt.
United States v. Lovasco, 431 U.S. 783, 795, 97 S.Ct. 2044, 2051, 52 L.Ed.2d 752 (1977) (citation omitted). Because the Thomases have not met their burden of proving intentional delay for tactical advantage, we hold that the fifty-five month pre-indictment delay does not require reversal.
2. Whether the District Court Erred in Refusing to Allow the Thomases to " Subpoena Government Documents
The Thomases next contend that the district court erred when it refused to permit them to subpoena government files so that they could examine those files for evidence that the government had delayed their indictment in order to gain a tactical advantage. The issuance of subpoenas is within the sound discretion of the trial court. See United States v. Perez-Tosta, 36 F.3d 1552, 1556 n.2 (11th Cir.1994), cert. denied, — U.S. —, 115 S.Ct. 2584, 132 L.Ed.2d 833 (1995).
The district judge presiding at the pretrial motions hearing refused to issue the subpoena, declaring, “I’m not going to let you go on a fishing expedition.” The Thomases renewed their request at trial, and the trial court again denied it. We agree with the district court that in the absence of any indication that hidden reasons for the delay could be found in those files, the defendants were not entitled to subpoena them.
3. Whether the District Court Erred in Ruling Certain Deposition Evidence Inadmissible -
The Thomases made a pre-trial motion requesting that they be allowed to introduce deposition evidence of six witnesses alleged to be essential to their defense. All six witnesses are brokers or lenders’ representatives in Europe, and five of them were deposed shortly after criminal charges were filed in Texas state court against William McCoy, Jr. In those prior depositions, the five had confirmed that the McCoys did provide them with loan packages for presentation to European lenders; however, none of the five had mentioned the Thomases in their depositions. Because the six foreign witnesses are beyond the subpoena power of the court, the Thomases’ court-appointed attorneys requested that the court either allow them to go to Europe to take video depositions, or allow them to use in this trial the witnesses’ depositions from William McCoy, Jr.’s state trial. The court denied both requests.
In its order denying the requests, the court explained that the Thomases had failed to make the “exceptional circumstances” showing required by Rule 15(a) of the Federal Rules of Criminal Procedure, which authorizes depositions in a criminal ease. The court also noted that “it appears that the testimony sought to be elicited is cumulative to testimony that can be otherwise obtained at trial.” At the time of the ruling, both sides anticipated that the McCoys would be called to testify, and the government had arg-ued that the foreign witnesses’ depositions would be merely corroborative of the McCoys’ testimony. The government and defense did agree, however, to a stipulation as to the contents of each of the five existing state trial depositions. The stipulations were read to the jury.
We review the first deposition issue — whether the district court erred in refusing to allow the Thomases to take a Rule 15(a) deposition — for abuse of discretion. United States v. Ramos, 45 F.3d 1519, 1522 (11th Cir.1995) (“Rule 15 permits a district court to authorize a deposition in a criminal case when exceptional circumstances exist. The court’s decision to authorize or deny the deposition will be upset only for an abuse of discretion.”). The moving party bears the burden of showing that exceptional circumstances exist to warrant the deposition, United States v. Drogoul, 1 F.3d 1546, 1551 (11th Cir.1993), and we have held that in analyzing whether the circumstances are sufficiently exceptional, we consider whether: