DOJ-OGR-00003016.jpg
898 KB
Extraction Summary
7
People
3
Organizations
0
Locations
3
Events
3
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
898 KB
Summary
This legal document is a filing by the Government arguing that there was no due process violation regarding the timing of an indictment. The Government contends that the delay was justified because two critical witnesses, Minor Victim-1 and Minor Victim-3, only came forward to be interviewed in August and September 2019, less than a year before the indictment was sought in June 2020. The document cites legal precedents to support the position that delays caused by witness unavailability are permissible and that prosecutors can wait until an investigation is complete before seeking charges.
People (7)
| Name | Role | Context |
|---|---|---|
| Minor Victim-1 | Victim/Witness |
Mentioned as a key victim who first agreed to be interviewed in September 2019.
|
| Minor Victim-3 | Victim/Witness |
Mentioned as a key victim who first agreed to be interviewed in August 2019.
|
| Cheung Kin Ping | Party in a cited case |
Cited in a legal precedent (Cheung Kin Ping, 555 F.2d at 1072) regarding delays due to witness unavailability.
|
| Rubinson | Party in a cited case |
Cited in a legal precedent (United States v. Rubinson, 543 F.2d 951, 961) regarding delays due to witness refusal to ...
|
| Lovasco | Party in a cited case |
Cited in a legal precedent (Lovasco, 431 U.S. at 796) regarding prosecutorial discretion in seeking indictments.
|
| Villafaña | Individual cited in a report |
Mentioned in a footnote as having told OPR that the investigation had not developed evidence of other co-conspirators...
|
| Maxwell | Subject of investigation |
Mentioned in a footnote in the context of a statement by Villafaña that in 2007, there was no specific evidence again...
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
The entity conducting interviews, seeking an indictment, and arguing against the defendant's due process violation cl...
|
| FBI | government agency |
Mentioned in a footnote regarding 'FBI 302 reports of interviews with the victims'.
|
| OPR | government agency |
Mentioned in a footnote referencing an 'OPR Report' containing statements from Villafaña.
|
Timeline (3 events)
2019-08
Minor Victim-3 first agreed to be interviewed by the Government.
Minor Victim-3
The Government
2019-09
Minor Victim-1 first agreed to be interviewed by the Government.
Minor Victim-1
The Government
2020-06-29
The Government sought an indictment charging the defendant.
The Government
the defendant
Relationships (3)
The Government conducted multiple additional interviews of both victims, including Minor Victim-1.
The Government conducted multiple additional interviews of both victims, including Minor Victim-3.
Key Quotes (5)
"the government is not responsible for a period of delay during which an important witness is unavailable to it"Source
— Court in Cheung Kin Ping case
(Cited as a legal finding to justify the delay between witness cooperation and the date of indictment.)
DOJ-OGR-00003016.jpg
Quote #1
"If there was any intentional delay in returning the instant indictment, it was due in significant measure to the refusal of critical witnesses until 1973 to reveal what they knew."Source
— Court in United States v. Rubinson case
(Cited as a legal precedent where delay was justified by witnesses' refusal to cooperate.)
DOJ-OGR-00003016.jpg
Quote #2
"Rather than deviating from elementary standards of fair play and decency, a prosecutor abides by them if he refuses to seek indictments until he is completely"Source
— Court in Lovasco case
(Cited to support the argument that a prosecutor can wait until fully prepared before seeking an indictment.)
DOJ-OGR-00003016.jpg
Quote #3
"Villafaña told OPR that, apart from the women named in the NPA, the investigation had not developed evidence of ‘any other potential co-conspirators.’"Source
— Villafaña (as per OPR Report)
(From a footnote used to counter the defendant's argument that the Government was sitting on a case for a long time.)
DOJ-OGR-00003016.jpg
Quote #4
"according to Villafaña, in 2007, they ‘didn’t have any specific evidence against her.’"Source
— Villafaña (as per OPR Report)
(From a footnote, referring to a lack of evidence against Maxwell in 2007.)
DOJ-OGR-00003016.jpg
Quote #5
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