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e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t
ted, the facts involving Counts One through Four "would be central to a separate trial" on Counts Five and Six. Butler, 2004 WL 2274751, at *4; see Sweig, 441 F.2d at 118-19 ("Virtually every overt act alleged in the conspiracy count formed the subject matter of one of the eight perjury counts, and wo
e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t
ted, the facts involving Counts One through Four "would be central to a separate trial" on Counts Five and Six. Butler, 2004 WL 2274751, at *4; see Sweig, 441 F.2d at 118-19 ("Virtually every overt act alleged in the conspiracy count formed the subject matter of one of the eight perjury counts, and wo
e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t
ted, the facts involving Counts One through Four "would be central to a separate trial" on Counts Five and Six. Butler, 2004 WL 2274751, at *4; see Sweig, 441 F.2d at 118-19 ("Virtually every overt act alleged in the conspiracy count formed the subject matter of one of the eight perjury counts, and wo
e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t
ted, the facts involving Counts One through Four "would be central to a separate trial" on Counts Five and Six. Butler, 2004 WL 2274751, at *4; see Sweig, 441 F.2d at 118-19 ("Virtually every overt act alleged in the conspiracy count formed the subject matter of one of the eight perjury counts, and wo
e whether the defendant's statements would have tipped the scales in the defamation suit or would likely have led to the discovery of evidence. See Kungys v. United States, 485 U.S. 759, 771 (1988) ("It has never been the test of materiality that the misrepresentation or concealment would more likely t
ted, the facts involving Counts One through Four "would be central to a separate trial" on Counts Five and Six. Butler, 2004 WL 2274751, at *4; see Sweig, 441 F.2d at 118-19 ("Virtually every overt act alleged in the conspiracy count formed the subject matter of one of the eight perjury counts, and wo
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