Epstein Secrets

MOTION FOR A SEVERANCE OF AND SEPARATE TRIAL ON COUNTS FIVE AND SIX OF THE SUPERSEDING INDICTMENT Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue Denver, CO 80203 Phone: 303-831-7364 Mark S. Cohen Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New Y

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

MOTION FOR A SEVERANCE OF AND SEPARATE TRIAL ON COUNTS FIVE AND SIX OF THE SUPERSEDING INDICTMENT Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Phone: Christian R. Everdell COHEN & DRESSER LLP Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Phone: Attorneys for Ghislaine Maxwel

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

MOTION FOR A SEVERANCE OF AND SEPARATE TRIAL ON COUNTS FIVE AND SIX OF THE SUPERSEDING INDICTMENT Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Phone: Christian R. Everdell COHEN & DRESSER LLP Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Phone: Attorneys for Ghislaine Maxwel

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