Epstein Secrets

Rivera, 546 F.3d 245 (2d Cir. 2008) Sampson, 385 F.3d 183 (2d Cir. 2004) Turoff, 853 F.2d 1037 (2d Cir.1988) Walker, 142 F.3d 103 (2d Cir. 1998) Werner, 620 F.2d 922 (2d Cir. 1980) Winchester, 407 F. Supp. 261 (D. Del. 1975) 5, 6, 11 4 4 5 3, 5, 10 5 3, 4, 10 5 ii EFTA00091877

ted to and appropriately joined with underlying 7 EFTA00091885 substantive crimes when the false declarations "concern the substantive offenses." Potamitis, 739 F.2d at 791. Such cases typically involve situations where the defendant was aware that he was being investigated and either lied to the grand

e statements underlying the Perjury Counts therefore do not "concern" the Mann Act Counts and cannot be joined as part of a "common scheme or plan." Potamitis, 739 F.2d at 791. The government makes only a half-hearted, and ineffective, attempt to allege a connection between the Perjury Counts and the Man

(1st Cir. 1996) 2 United States v. Ruiz, 894 F.2d 501 (2d Cir.1990) I, 3 United States v. Sweig, 441 F.2d 114 (2d Cir. 1971) 3 United States v. Werner, 620 F.2d 922 (2d Cir. 1980) 3 Williams v. Dist. Ct., El Paso Cty., 700 P.2d 549 (Colo. 1985) I0 Other Authorities Erick G. Luna, Avoiding A "Ca

dly made a materially false statement that relates directly to the underlying crime and the crime is temporally related to the false statement. The Potamitis case that the government relies upon primarily for this proposition is a good example. In that case, the defendant was charged with making false st

ion of justice because he lied to the FBI agents and the Grand Jury about the underlying crimes for which he was being investigated and questioned. Potamitis, 739 F.2d at 786-87; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (common plan or scheme between lying on a non- profit's loan applic

(1st Cir. 1996) 2 United States v. Ruiz, 894 F.2d 501 (2d Cir.1990) I, 3 United States v. Sweig, 441 F.2d 114 (2d Cir. 1971) 3 United States v. Werner, 620 F.2d 922 (2d Cir. 1980) 3 Williams v. Dist. Ct., El Paso Cty., 700 P.2d 549 (Colo. 1985) 10 Other Authorities Erick G. Luna, Avoiding A "Ca

dly made a materially false statement that relates directly to the underlying crime and the crime is temporally related to the false statement. The Potamitis case that the government relies upon primarily for this proposition is a good example. In that case, the defendant was charged with making false st

ion of justice because he lied to the FBI agents and the Grand Jury about the underlying crimes for which he was being investigated and questioned. Potamitis, 739 F.2d at 786-87; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (common plan or scheme between lying on a non- profit's loan applic

are "somewhat alike" or "hav[e] a general likeness to each other." United States v. Rivera, 546 F.3d 245,253 (2d Cir. 2008)(quoting United States v. Werner, 620 F.2d 922, 926 (2d Cir. 1980) (internal quotation marks omitted). "Rule 8(a) does not requite `too precise an identity between the character of

t, "[t]he contention that there is some inherent prejudice in joining perjury and related counts with substantive charges has been widely rejected." Potamitis, 739 F.2d at 791. And courts routinely hold that there is no prejudice where the evidence in support of the two counts is "interconnected." Blakney

r o f "underlying substantive crimes with perjury counts" is appropriate "where, as here, the false declarations concern the substantive offenses." Potamitis, 739 F.2d at 791; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founde

e "somewhat alike" or "hav[e] a general likeness to each other." United States v. Rivera, 546 F.3d 245, 253 (2d Cir. 2008) (quoting United States v. Werner, 620 F.2d 922, 926 (2d Cir. 1980) (internal quotation marks omitted). "Rule 8(a) does not require `too precise an identity between the character of

t, "[t]he contention that there is some inherent prejudice in joining perjury and related counts with substantive charges has been widely rejected." Potamitis, 739 F.2d at 791. And courts routinely hold that there is no prejudice where the evidence in support of the two counts is "interconnected." Blakney

er of "underlying substantive crimes with perjury counts" is appropriate "where, as here, the false declarations concern the substantive offenses." Potamitis, 739 F.2d at 791; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founde

e "somewhat alike" or "hav[e] a general likeness to each other." United States v. Rivera, 546 F.3d 245, 253 (2d Cir. 2008) (quoting United States v. Werner, 620 F.2d 922, 926 (2d Cir. 1980) (internal quotation marks omitted). "Rule 8(a) does not require `too precise an identity between the character of

t, "[t]he contention that there is some inherent prejudice in joining perjury and related counts with substantive charges has been widely rejected." Potamitis, 739 F.2d at 791. And courts routinely hold that there is no prejudice where the evidence in support of the two counts is "interconnected." Blakney

er of "underlying substantive crimes with perjury counts" is appropriate "where, as here, the false declarations concern the substantive offenses." Potamitis, 739 F.2d at 791; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founde

e "somewhat alike" or "hav[e] a general likeness to each other." United States v. Rivera, 546 F.3d 245, 253 (2d Cir. 2008) (quoting United States v. Werner, 620 F.2d 922, 926 (2d Cir. 1980) (internal quotation marks omitted). "Rule 8(a) does not require `too precise an identity between the character of

t, "[t]he contention that there is some inherent prejudice in joining perjury and related counts with substantive charges has been widely rejected." Potamitis, 739 F.2d at 791. And courts routinely hold that there is no prejudice where the evidence in support of the two counts is "interconnected." Blakney

er of "underlying substantive crimes with perjury counts" is appropriate "where, as here, the false declarations concern the substantive offenses." Potamitis, 739 F.2d at 791; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (same). In 142 EFTA00095234 Ruiz, the defendant was a New York stat

e "somewhat alike" or "hav[e] a general likeness to each other." United States v. Rivera, 546 F.3d 245, 253 (2d Cir. 2008) (quoting United States v. Werner, 620 F.2d 922, 926 (2d Cir. 1980) (internal quotation marks omitted). "Rule 8(a) does not require `too precise an identity between the character of

t, "[t]he contention that there is some inherent prejudice in joining perjury and related counts with substantive charges has been widely rejected." Potamitis, 739 F.2d at 791. And courts routinely hold that there is no prejudice where the evidence in support of the two counts is "interconnected." Blakney

er of "underlying substantive crimes with perjury counts" is appropriate "where, as here, the false declarations concern the substantive offenses." Potamitis, 739 F.2d at 791; see also United States v. Ruiz, 894 F.2d 501 (2d Cir. 1992) (same). In Ruiz, the defendant was a New York state senator who founde