Epstein Secrets

United States v. Rioux, 97 F.3d 648 (2d Cir. 1996) passim United States v. Rittweger, 259 F. Supp. 2d 275 (S.D.N.Y. 2003) 268 United States v. Rivera, 546 F.3d 245 (2d Cir. 2008) 204, 220, 224 United States v. Rivera, No. 09 Cr. 619 (SJF), 2011 WL 1429125, at (E.D.N.Y. Apr. 13, 2011) 262 Unit

152 VIII. There Is No Basis to Strike Any Portion of the Indictment 157 A. Relevant Facts 158 B. Applicable Law 159 C. Discussion 161 IX. The Defendant's Motion to Dismiss Count One or Count Three as '\lultiplicitous Is Premature 169 A. Relevant Facts 169 B. Applicable Law 170 C. Discussion 172 X. Th

or the truth." Lambus, 897 F.3d at 399. The standard to demonstrate material false statements and omissions in an agent's affidavit is a "high one." Rivera v. United States, 928 F.2d 592, 604 (2d Cir. 1991). The intent prong of Franks is particularly demanding with respect to omissions. "Franks protect

in Counts One and Three and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they am m

United States v. Rioux, 97 F.3d 648 (2d Cir. 1996) passim United States v. Rittweger, 259 F. Supp. 2d 275 (S.D.N.Y. 2003) 268 United States v. Rivera, 546 F.3d 245 (2d Cir. 2008) 204, 220, 224 United States v. Rivera, No. 09 Cr. 619 (SJF), 2011 WL 1429125, at (E.D.N.Y. Apr. 13, 2011) 262 Unit

ations set forth in Section 3283 applies to the crimes charged in Counts One through Four of the Indictment and her motion should be denied. III. The Defendant's Motion to Dismiss the Indictment Based on Alleged Improper Pre- Trial Delay Should Be Denied The defendant contends that the Indictment should be dismissed

or the truth." Lambus, 897 F.3d at 399. The standard to demonstrate material false statements and omissions in an agent's affidavit is a "high one." Rivera v. United States, 928 F.2d 592, 604 (2d Cir. 1991). The intent prong of Franks is particularly demanding with respect to omissions. "Franks protect

in Counts One and Three and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they are

United States v. Rioux, 97 F.3d 648 (2d Cir. 1996) passim United States v. Rittweger, 259 F. Supp. 2d 275 (S.D.N.Y. 2003) 268 United States v. Rivera, 546 F.3d 245 (2d Cir. 2008) 204, 220, 224 United States v. Rivera, No. 09 Cr. 619 (SJF), 2011 WL 1429125, at (E.D.N.Y. Apr. 13, 2011) 262 Unit

ations set forth in Section 3283 applies to the crimes charged in Counts One through Four of the Indictment and her motion should be denied. III. The Defendant's Motion to Dismiss the Indictment Based on Alleged Improper Pre- Trial Delay Should Be Denied The defendant contends that the Indictment should be dismissed

or the truth." Lambus, 897 F.3d at 399. The standard to demonstrate material false statements and omissions in an agent's affidavit is a "high one." Rivera v. United States, 928 F.2d 592, 604 (2d Cir. 1991). The intent prong of Franks is particularly demanding with respect to omissions. "Franks protect

in Counts One and Three and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they are

States, 510 U.S. 135 (1994) 112 vii EFTA00095074 Rawlings v. Kentucky, 448 U.S. 98 (1980) 83 Richardson v. Marsh, 481 U.S. 200 (1987) 142 Rivera v. United States, 928 F.2d 592 (2d Cir. 1991) 114, 116 Rochin, 342 U.S., 72 S. Ct. 205 105 Rosencrans v. United States, 165 U.S. 257 (1897) 2

limitations set forth in § 3283 applies to the crimes charged in Counts One through Four of the Indictment and her motion should be denied. III. The Defendant's Motion to Dismiss the Indictment Based on Alleged Improper Pre- Trial Delay Should Be Denied The defendant contends that the Indictment should be dismissed

or the truth." Lambus, 897 F.3d at 399. The standard to demonstrate material false statements and omissions in an agent's affidavit is a "high one." Rivera v. United States, 928 F.2d 592, 604 (2d Cir. 1991). The intent prong of Franks is particularly demanding with respect to omissions. "Franks protect

ree and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. 168 EFTA00095260 IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they are

United States v. Rioux, 97 F.3d 648 (2d Cir. 1996) passim United States v. Rittweger, 259 F. Supp. 2d 275 (S.D.N.Y. 2003) 268 United States v. Rivera, 546 F.3d 245 (2d Cir. 2008) 204, 220, 224 United States v. Rivera, No. 09 Cr. 619 (SJF), 2011 WL 1429125, at (E.D.N.Y. Apr. 13, 2011) 262 Unit

ations set forth in Section 3283 applies to the crimes charged in Counts One through Four of the Indictment and her motion should be denied. III. The Defendant's Motion to Dismiss the Indictment Based on Alleged Improper Pre- Trial Delay Should Be Denied The defendant contends that the Indictment should be dismissed

or the truth." Lambus, 897 F.3d at 399. The standard to demonstrate material false statements and omissions in an agent's affidavit is a "high one." Rivera v. United States, 928 F.2d 592, 604 (2d Cir. 1991). The intent prong of Franks is particularly demanding with respect to omissions. "Franks protect

in Counts One and Three and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they are