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withhold relevant information contrary to its position in court. In their motion (at pp. 5-9), the victims explained why fairness entitles them to "Brady" information (i.e., information contradicting the Government's position) no less than criminal defendants. In response, the Government does not eve
ion of information, because the necessary information had apparently been produced. The Government actions in this case are a far cry from those in Rubin. Rather than providing the victims with material information (or even summaries of that information), the Government has simply stonewalled. The Co
411 (E.D.N.Y. 2008) - specifically contradicts the Government's position that victims are not entitled to obtain information from the Government. In Rubin, crime victims argued that "the government has not provided information with which to pursue restitution in this case." Id. at 425. The district co
withhold relevant information contrary to its position in court. In their motion (at pp. 5-9), the victims explained why fairness entitles them to "Brady" information (i.e., information contradicting the Government's position) no less than criminal defendants. In response, the Government does not eve
)(4)." United States v. Okun, 2009 WL 790042 at *2 (E.D.Va. 2009). Still another decision at odds with the Government's position is United States v. Rubin, 2008 WL 2358591 (E.D.N.Y. 2008). This decision is instructive because it not only explains that victims have rights before the formal filing of ch
411 (E.D.N.Y. 2008)— specifically contradicts the Government's position that victims are not entitled to obtain information from the Government. In Rubin, crime victims argued that "the government has not provided information with which to pursue restitution in this ease." Id. at 425. The district co
e attorneys representing criminals, the Office would promptly turn over all information in its possession that was helpful to these criminals under Brady v. Maryland, 373 U.S. 83 (1963), and related decisions. Victims' counsel asked the Office to extend to the victims the same assistance that it would
ly compromising its ability to be impartial to the government and defendant, the only true parties to the trial of the indictment" United States v. Rubin, 558 F. Supp. 2d 411, 428 (E.D.N.Y. 2008). 4 EFTA00230133 1 .i i r- ate': , Case 9:08-cv-80736-KAM Document 58 Entered on FLSD Docket 04/07/2011
to provide information supporting whatever claim a victim may wish to assert in a motion for relief under section 3771(d)(3). In United States v. Rubin, 558 F.Supp.2d 411 (ED.N.Y. 2008), an alleged victim of a stock swindle claimed the right to confer in section 3771(aX5) included a right to obtain
osures is a known miscarriage of justice. https://www.lexology.com/library/detaiLaspx?g=9e2b4e49-5ee2-48f6-b8c7-03d39d02b5ca SEC ordered to produce Brady and Giglio materials due to joint investigation with U.S. Attorney's office - Lexology A district court ordered the SEC to produce material solely
NITE balance sheet was complete fraud. NITE also committed securities fraud in pledging those 4000 worthless securities as collateral to JPM: SCOTUS Rubin: pledging collateral to secure financing is an offer to sell. JPM looked the other way. As did the SEC. Further, I submitted my amended TCR with Be
e attorneys representing criminals, the Office would promptly turn over all information in its possession that was helpful to these criminals under Brady' Maryland, 373 U.S. 83 (1963), and related decisions. Victims' counsel asked the Office to extend to the victims the same assistance that it would p
ly compromising its ability to be impartial to the government and defendant, the only true parties to the trial of the indictment." United States'. Rubin, 558 F. Supp. 2d 411, 428 (E.D.N.Y. 2008). 4 EFTA00177118 Case 9:08-cv-80736-KAM Document 58 Entered on FLSD Docket 04/07/2011 Page 5 of 15 crim
e attorneys representing criminals, the Office would promptly turn over all information in its possession that was helpful to these criminals under Brady. Maryland, 373 U.S. 83 (1963), and related decisions. Victims' counsel asked the Office to extend to the victims the same assistance that it would p
lly compromising its ability to be impartial to the government and defendant, the only true parties to the trial of the indictment" United States'. Rubin, 558 F. Supp. 2d 411, 428 (E.D.N.Y. 2008). 4 08-80736-CV-MARRA 000887 EFTA00230711 1 .i i r- ate': , Case 9:08-cv-80736-KAM Document 58 Entere
Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
de v. McLaughlin, 500 U.S. 44, 52-58 (1991) (defining "prompt" under Gerstein's requirement of a prompt judicial determination of probable cause). 6 Brady v. Maryland, 373 U.S. 83, 86 (1963) (holding prosecution's withholding of the confession of defendant's confederate violated defendant's due process
Page: HOUSE_OVERSIGHT_016511 →respect for [his or her] dignity and privacy,’ ... may apply before any prosecution is underway" (quoting /8 U.S.C. § 377I(a))); cf. United States v. Rubin, 558 F. Supp. 2d 411, 419 (E.D.N.Y. 2008) (assuming without deciding that some federal victim rights may apply before any prosecution is under way, b
Page: HOUSE_OVERSIGHT_016535 →Entities connected to both Brady and Rubin

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