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am, Brette Tannenbaum, Richard C. Tarlowe, Theodore V. Wells Jr., April 14, 2020, 8:00 AM On April 10, 2020, the United States Court of Appeals for the Second Circuit denied the defendants' petition for rehearing or rehearing en banc in United States v. Blaszczak, a key insider trading decision issued by the Cour
20, the United States Court of Appeals for the Second Circuit denied the defendants' petition for rehearing or rehearing en banc in United States v. Blaszczak, a key insider trading decision issued by the Court at the end of 2019. In Blaszczak, the Court affirmed (in a 2-1 decision) the guilty verdicts of
petition for rehearing or rehearing en banc in United States v. Blaszczak, a key insider trading decision issued by the Court at the end of 2019. In Blaszczak, the Court affirmed (in a 2-1 decision) the guilty verdicts of four defendants convicted for their roles in an alleged insider trading scheme involv
d jury drawn from the population of the same "division" in which the offense occurred and she assumes she will ultimately be tried. To the contrary, the Second Circuit has rejected a similar claim. In Bahna, a defendant in the Eastern District of New York was initially convicted at a trial held at the Brooklyn cou
stice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.' (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 2018))), the Government has already represented that it has asked the third party at issue about the materials
d July drawn from the population of the same "division" in which the offense occurred and she assumes she will ultimately be tried. To the contrary, the Second Circuit has rejected a similar claim. In Bahna, a defendant in the Eastern District of New York was initially convicted at a trial held at the Brooklyn cou
tice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.'" (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 2018))), the Government has already represented that it has asked the third party at issue about the materials
d July drawn from the population of the same "division" in which the offense occurred and she assumes she will ultimately be tried. To the contrary, the Second Circuit has rejected a similar claim. In Bahna, a defendant in the Eastern District of New York was initially convicted at a trial held at the Brooklyn cou
tice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.'" (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 2018))), the Government has already represented that it has asked the third party at issue about the materials
e population of the same "division" in which the offense 199 EFTA00095291 occurred and she assumes she will ultimately be tried. To the contrary, the Second Circuit has rejected a similar claim. In Bahna, a defendant in the Eastern District of New York was initially convicted at a trial held at the Brooklyn cou
ustice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.' quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 2018))), the Government has already represented that it has asked the third party at issue about the materials
d jury drawn from the population of the same "division" in which the offense occurred and she assumes she will ultimately be tried. To the contrary, the Second Circuit has rejected a similar claim. In Bahna, a defendant in the Eastern District of New York was initially convicted at a trial held at the Brooklyn cou
tice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.'" (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 2018))), the Government has already represented that it has asked the third party at issue about the materials
r seal, as exhibits 1-10. Although marked by the government as "Confidential," the Materials are not "Confidential" as that term has been defined by the Second Circuit. They consist of ex pane pleadings filed by the government, ex pane transcripts, and ex pane rulings. Boies, Schiller & Flexner ("BSF') lawyers, coo
Page: EFTA00018750 →iami Herald appealed on September 28, 2018. On July 3, 2019 the Second Circuit reversed Judge Sweet's ruling. Brown v. Maxwell, 929 F.3d 41, 44-45 (2d Cir. 2019). Upon the issuance of the mandate, on August 9, 2019, it largely unsealed the summary judgment materials to the public and the press and reman
Page: EFTA00018751 →and as this Court knows, ample Second Circuit authority supports staying a civil case pending the resolution of a related criminal case. See SEC v. Blaszczak, No. 17-CV-3919 (MN), 2018 WL 301091, at *1 (S.D.N.Y. Jan. 3, 2018) (granting motion to stay civil case and holding that "[a] district court may st
Page: EFTA00018755 →Cir. 2015) 19 United States v. Bass, 536 U.S. 862 (2002) 30, 33 United States v. Berrios, 501 F.2d 1207 (2d Cir. 1974) 30, 31 United States v. Blaszczak, 308 F. Supp. 3d 736 (S.D.N.Y. 2018) 20 United States v. Bryan, 868 F.2d 1032 (9th Cir. 1989) 24 United States v. Carr, 424 F.3d 213 (2d Cir. 200
Page: EFTA00027309 →on. See Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972); see also United States v. Coppa, 267 F.3d 132, 139-40 (2d Cir. 2001). Evidence is "material" in this sense only if "its suppression undermines confidence in the outcome of a trial." United States v. Bagley, 473
Page: EFTA00027318 →material." United States v. Persico, 645 F.3d 85, 111 (2d Cir. 2011) (citing cases). With regard to the timing of disclosing material under Giglio, the Second Circuit, in Coppa, rejected the argument that such material should be disclosed when defendants make a 7 EFTA00027318 --- PAGE BREAK --- Case 1:19-cr-0
Page: EFTA00027319 →ous; it is instead designed to capture all employment activities in an applicant's recent history." United States v. Polos, 723 F. App'x 64, 65-66 (2d Cir. 2018). So too here. A "sex toy or device" is an intelligible phrase with an understood meaning. See Sex Toy, Oxford English Dictionary Onlin
Page: EFTA00029849 →n of information regarding money market funds ...."). The use of broad or inclusive terms does not render the question fundamentally ambiguous. As the Second Circuit explained in the context of the term "employment activities," "[t]tle bmad language of the question is not fundamentally ambiguous; it is instead de
Page: EFTA00029849 →stice, perhaps another part of the Executive Branch, or a comparable state authority involved in the federal prosecution.' (quoting United States v. Blaszczak, 308 F. Supp. 3d 736, 742 (S.D.N.Y. 2018))), the Government has already represented that it has asked the third party at issue about the materials
Page: EFTA00029853 →Cir. 2015) 19 United States v. Bass, 536 U.S. 862 (2002) 30, 33 United States v. Berrios, 501 F.2d 1207 (2d Cir. 1974) 30, 31 United States v. Blaszczak, 308 F. Supp. 3d 736 (S.D.N.Y. 2018) 20 United States v. Bryan, 868 F.2d 1032 (9th Cir. 1989) 24 United States v. Carr, 424 F.3d 213 (2d Cir. 200
Page: EFTA00031265 →on. See Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972); see also United States v. Coppa, 267 F.3d 132, 139-40 (2d Cir. 2001). Evidence is "material" in this sense only if "its suppression undermines confidence in the outcome of a trial." United States v. Bagley, 473
Page: EFTA00031274 →material." United States v. Persico, 645 F.3d 85, 111 (2d Cir. 2011) (citing cases). With regard to the timing of disclosing material under Giglio, the Second Circuit, in Coppa, rejected the argument that such material should be disclosed when defendants make a 7 EFTA00031274 --- PAGE BREAK --- demand for it.
Page: EFTA00031275 →Entities connected to both Second Circuit and Blaszczak

Jeffrey Epstein
PERSON
Ghislaine Maxwell
PERSON
United States
LOCATIONthe Southern District
LOCATION
Department of Justice
ORGANIZATION
Prince Andrew
PERSON
Julie K. Brown
PERSONJane Doe
PERSON
Bradley Edwards
PERSON
Supreme Court
ORGANIZATION
Southern District of New York
ORGANIZATION
David Boies
PERSONMartin Weinberg
PERSON
George W. Bush
PERSON
Virginia Giuffre
PERSON
Michael Jackson
PERSON
Donald Trump
PERSON
Colorado
LOCATIONFBI
ORGANIZATION
Cynthia Nixon
PERSON