will testify but actually "summarize the experts' opinions about those topics" and "describe the bases for the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017) (emphasis added); United States v. Valle, No. 12-CR-847 (PGG), 2013 WL 440687, at *5 (S.D.N.Y. Feb. 2, 2013) ("Mer

s."). If the Defense's disclosure of an expert witness does not satisfy Rule 16, the Court has "broad discretion" to fashion an appropriate remedy. Ulbricht, 858 F.3d at 115. That discretion is guided by factors including "why disclosure was not made, the extent of the prejudice, if any, to the opposing

g the subpoena must also show that the "the application is made in good faith and is not intended as a general fishing expedition." United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (quoting Nixon, 418 U.S. at 699-700) (internal quotation marks omitted), abrogated on other grounds as recognized

above. EFTA00010124 --- PAGE BREAK --- Page 8 rule as a discovery device." United States v. Cuthbertson, 630 F.2d 139, 144 (3d Cir. 1980); see Ulbricht, 858 F.3d at 109. Such an expedition is precluded by Nixon. 418 U.S. at 700. III. Conclusion For the foregoing reasons, the Court should quash the

s."). If the Defense's disclosure of an expert witness does not satisfy Rule 16, the Court has "broad discretion" to fashion an appropriate remedy. Ulbricht, 858 F.3d at 115. That discretion is guided by factors including "why disclosure was not made, the extent of the prejudice, if any, to the opposing

will testify but actually "summarize the experts' opinions about those topics" and "describe the bases for the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017) (emphasis added); United States v. Valle, No. 12-CR-847 (PGG), 2013 WL 440687, at *5 (S.D.N.Y. Feb. 2, 2013) ("Mer

will testify but actually "summarize the experts' opinions about those topics" and "describe the bases for the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017) (emphasis added); United States v. Valle, No. 12-CR-847 (PGG), 2013 WL 440687, at *5 (S.D.N.Y. Feb. 2, 2013) ("Mer

s."). If the Defense's disclosure of an expert witness does not satisfy Rule 16, the Court has "broad discretion" to fashion an appropriate remedy. Ulbricht, 858 F.3d at 115. That discretion is guided by factors including "why disclosure was not made, the extent of the prejudice, if any, to the opposing

will testify but actually "summarize the experts' opinions about those topics" and "describe the bases for the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017) (emphasis added); United States v. Valle, No. 12-CR-847 (PGG), 2013 WL 440687, at *5 (S.D.N.Y. Feb. 2, 2013) ("Mer

s."). If the Defense's disclosure of an expert witness does not satisfy Rule 16, the Court has "broad discretion" to fashion an appropriate remedy. Ulbricht, 858 F.3d at 115. That discretion is guided by factors including "why disclosure was not made, the extent of the prejudice, if any, to the opposing

ed. R. Crim. P. 16(a)(1)(E). "Evidence is material if it could be used to counter the [G]overnment's case or to bolster a defense." United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (internal quotation marks and citation omitted), abrogated on other grounds by Carpenter v. United States, 138 S.

mary of the bases of the expert's opinion." Id. The content of the expert notice must actually "summarize the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017), abrogated on other grounds by Carpenter v. United States, 138 S. Ct. 2206 (2018). "Merely identifying the general

in House Democrats' long-running bid to compel testimony from former Trump White House counsel Don McGahn. Letter attached I Read full article » Ulbricht Floats Theory That 2nd Silk Road Plea Offer Existed A federal judge on Friday directed the Manhattan U.S. attorneys office to check if there was a

, awaits sentencing after entering a guilty plea earlier this year. Prosecutors have characterized Clark as a central figure who worked closely with Ulbricht. He is scheduled to be sentenced in May by U.S. District Judge William H. Pauley III. Counsel for Haney declined comment after Wednesday's hearing.

ed. R. Crim. P. 16(a)(1)(E). "Evidence is material if it could be used to counter the [G]overnment's case or to bolster a defense." United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (internal quotation marks and citation omitted), abrogated on other grounds by Carpenter v. United States, 138 S.

ed. R. Crim. P. 16(a)(1)(E). "Evidence is material if it could be used to counter the [G]overnment's case or to bolster a defense." United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (internal quotation marks and citation omitted), abrogated on other grounds by Carpenter v. United States, 138 S.

r them, as discussed above. EFTA00090229 Page 8 rule as a discovery device." United States v. Cuthbertson, 630 F.2d 139, 144 (3d Cir. 1980); see Ulbricht, 858 F.3d at 109. Such an expedition is precluded by Nixon. 418 U.S. at 700. III. Conclusion For the foregoing reasons, the Court should quash the

ed. R. Crim. P. 16(a)(1)(E). "Evidence is material if it could be used to counter the [G]overnment's case or to bolster a defense." United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (internal quotation marks and citation omitted), abrogated on other grounds by Carpenter v. United States, 138 S.

al without such production,' and that `the application is made in good faith and is not intended as a general "fishing expedition. United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (quoting Nixon, 418 U.S. at 699-700), abrogated on other grounds as recognized by United States v. Chambers, 751 F.

ngson faces up to life in prison for allegedly dealing cocaine, LSD, and marijuana on the online marketplace. The article EFTA00160381 added that Ulbricht, who was sentenced to life in prison in 2015, has repeatedly insisted that he is innocent. Silk Road was seized and shut down by the FBI in 2013. A

Libertarian who wore a Ron Paul T-shirt, as a website where “people could buy anything anonymously, with no trail whatsoever that led back to them.” (Ulbricht received a life sentence for running this criminal enterprise in May 2015.) Tor software was also employed by Private Bradley Manning (now Chelsea M

ver in Iceland invis- ible. According to a former top official in the Justice Department, the NSA was able to locate it by cracking the Tor software (Ulbricht is currently serving a life sentence for his activities). Unlike adversary @ services, however, the NSA needs a warrant to investigate U.S. citi- @

rian who wore a Ron Paul t-shirt, “to create a website where people could buy anything anonymously, with no trail whatsoever that led back to them.” (Ulbricht received a life prison sentence for running this criminal enterprise in May 2015.) To eradicate the Internet trail, Silk Road employed TOR software.

rver in Iceland invisible. According to a former top official in the Justice Department, the NSA was able to locate it by cracking the TOR software, (Ulbricht is currently serving a life prison sentence for his Silk Road activities.). Unlike adversary services, however, the NSA needs a warrant to investigat

with personal knowledge." United States v. Montoya-Eschevarria, 892 F. Supp. 104, 106 (S.D.N.Y. 1995) (citations omitted); see also United States v. Ulbricht, No. 14 Cr. 68 (KBF), 2014 WL 5090039, at *6 (S.D.N.Y. Oct. 10, 2014); Rakas, 439 U.S. at 130 n. 1. 83 EFTA00103108 ii. Discussion Maxwell can