Epstein Secrets

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

irectly rebutting the defendant's allegations, there is no material issue of fact sufficient to justify an evidentiary hearing. The defendant cites Franks v. Delaware, 438 U.S. 154 (1978), to suggest that a hearing is somehow warranted, but her motion falls far short of the Franks standard to obtain a hearing. "W

ts are properly put to the jury, and should not be subject to resolution on a motion to dismiss based on an incomplete record. See United States v. Triumph Capital Group, Inc., 237 F. App'x 625, 627- 28 (2d Cir. 2007) ("Generally, the meaning and truthfulness of a defendant's statement is a question of fact for the jury.")

20 (2d Cir. 1928) 45 Fisher v. United States, 425 U.S. 391 (1976) 140, 146 Flagg v. Yonkers Sav. & Loan Assn, 396 F.3d 178 (2d Cir. 2005) 143 Franks v. Delaware, 438 U.S. 154 (1978) 166, 169, 170,171 Gatlo, 17 Cr. 686 (LAK) 275 Golino v. City of New Haven, 950 F.2d 864 (2d Cir. 1991) 125 Graham v. Co

States v. Mantilla), 606 F. Supp. 2d 370 (S.D.N.Y. 2009) 284 United States v. Trippe, 171 F. Stipp. 2d 230 (S.D.N.Y. 2001) 267 United States v. Triumph Capital Group, Inc., 237 F. App'x 625 (2d Cir. 2007) 184, 187 United States v. Turoff, 853 F.2d 1037 (2d Cir. 1988) 204 United States v. Ulbricht, No. 14 Cr. 68

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

that are properly put to the jury and not a basis to dismiss the counts pretrial and without the benefit of a complete record. See United States v. Triumph Capital Group, Inc., 237 F. App'x 625, 627-28 (2d Cir. 2007) ("Generally, the meaning and truthfulness of a defendant's statement is a question of fact for the 122 EF

(2d Cir. 1928) 45 Fisher v. United States, 425 U.S. 391 (1976) 140, 146 Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178 (2d Cir. 2005) 143 Franks v. Delaware, 438 U.S. 154 (1978) 166, 169, 170, 171 Gatto, 17 Cr. 686 (LAK) 275 Golino v. City of New Haven, 950 F.2d 864 (2d Cir. 1991) 125 Graham v. C

States v. Tranquillo, 606 F. Supp. 2d 370 (S.D.N.Y. 2009) 284 United States v. Trippe, 171 F. Supp. 2d 230 (S.D.N.Y. 2001) 267 United States v. Triumph Capital Group, Inc., 237 F. App'x 625 (2d Cir. 2007) 184, 187 United States v. Turoff, 853 F.2d 1037 (2d Cir. 1988) 204 United States v. Ulbricht, No. 14 Cr. 68 (

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

that are properly put to the jury and not a basis to dismiss the counts pretrial and without the benefit of a complete record. See United States v. Triumph Capital Group, Inc., 237 F. App'x 625, 627-28 (2d Cir. 2007) ("Generally, the meaning and truthfulness of a defendant's statement is a question of fact for the 122 EF

(2d Cir. 1928) 45 Fisher v. United States, 425 U.S. 391 (1976) 140, 146 Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178 (2d Cir. 2005) 143 Franks v. Delaware, 438 U.S. 154 (1978) 166, 169, 170, 171 Gatto, 17 Cr. 686 (LAK) 275 Golino v. City of New Haven, 950 F.2d 864 (2d Cir. 1991) 125 Graham v. C

States v. Tranquillo, 606 F. Supp. 2d 370 (S.D.N.Y. 2009) 284 United States v. Trippe, 171 F. Supp. 2d 230 (S.D.N.Y. 2001) 267 United States v. Triumph Capital Group, Inc., 237 F. App'x 625 (2d Cir. 2007) 184, 187 United States v. Turoff, 853 F.2d 1037 (2d Cir. 1988) 204 United States v. Ulbricht, No. 14 Cr. 68 (

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

that are properly put to the jury and not a basis to dismiss the counts pretrial and without the benefit of a complete record. See United States v. Triumph Capital Group, Inc., 237 F. App'x 625, 627-28 (2d Cir. 2007) ("Generally, the meaning and truthfulness of a defendant's statement is a question of fact for the 122 EF

(2d Cir. 1928) 45 Fisher v. United States, 425 U.S. 391 (1976) 140, 146 Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178 (2d Cir. 2005) 143 Franks v. Delaware, 438 U.S. 154 (1978) 166, 169, 170, 171 Gatto, 17 Cr. 686 (LAK) 275 Golino v. City of New Haven, 950 F.2d 864 (2d Cir. 1991) 125 Graham v. C

States v. Tranquillo, 606 F. Supp. 2d 370 (S.D.N.Y. 2009) 284 United States v. Trippe, 171 F. Supp. 2d 230 (S.D.N.Y. 2001) 267 United States v. Triumph Capital Group, Inc., 237 F. App'x 625 (2d Cir. 2007) 184, 187 United States v. Turoff, 853 F.2d 1037 (2d Cir. 1988) 204 United States v. Ulbricht, No. 14 Cr. 68 (

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

that are properly put to the jury and not a basis to dismiss the counts pretrial and without the benefit of a complete record. See United States v. Triumph Capital Group, Inc., 237 F. App'x 625, 627-28 (2d Cir. 2007) ("Generally, the meaning and truthfulness of a defendant's statement is a question of fact for the 122 EF