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715 KB
Extraction Summary
4
People
1
Organizations
0
Locations
3
Events
1
Relationships
8
Quotes
Document Information
Type:
Legal document
File Size:
715 KB
Summary
This legal document, part of case 1:20-cr-00330-AJN filed on January 25, 2021, addresses the perjury counts (Five and Six) against Ms. Maxwell. It alleges she testified falsely in two separate civil depositions on April 22, 2016, and July 22, 2016. The document then lays out the applicable law regarding the joinder of offenses under Rule 8(a) of the Federal Rules of Criminal Procedure, citing case law to explain the balance between trial efficiency and potential prejudice to the defendant.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Alleged to have committed perjury in two separate civil depositions.
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| Turoff |
Mentioned in the case citation 'United States v. Turoff, 853 F.2d 1037, 1042-43 (2d Cir. 1988)'.
|
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| Werner |
Mentioned in the case citation 'United States v. Werner, 620 F.2d 922, 928 (2d Cir. 1980)'.
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| Halper |
Mentioned in the case citation 'United States v. Halper, 590 F.2d 422, 430 (2d Cir. 1978)'.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Mentioned as the plaintiff in several cited court cases (United States v. Turoff, United States v. Werner, United Sta...
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Timeline (3 events)
2016-04-22
Ms. Maxwell allegedly committed perjury by testifying falsely at a civil deposition (Count Five).
2016-07-22
Ms. Maxwell allegedly committed perjury by testifying falsely at a civil deposition (Count Six).
Relationships (1)
The document describes the indictment of Ms. Maxwell for perjury, a criminal offense prosecuted by the government.
Key Quotes (8)
"are of the same or similar character,"Source
— Rule 8(a) of the Federal Rules of Criminal Procedure
(One of the circumstances under which separate offenses may be properly joined in the same indictment.)
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Quote #1
"are based on the same act or transaction,"Source
— Rule 8(a) of the Federal Rules of Criminal Procedure
(One of the circumstances under which separate offenses may be properly joined in the same indictment.)
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Quote #2
"are connected with or constitute parts of a common scheme or plan."Source
— Rule 8(a) of the Federal Rules of Criminal Procedure
(One of the circumstances under which separate offenses may be properly joined in the same indictment.)
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Quote #3
"inevitably involves some danger of prejudice"Source
— Legal principle
(Describing the effect of charging separate offenses in the same indictment and trying them together.)
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Quote #4
"gains in trial efficiency outweigh the recognized prejudice that accrues to the accused."Source
— United States v. Turoff
(A circumstance where Rule 8 permits joinder of offenses.)
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Quote #5
"trial convenience and economy of judicial and prosecutorial resources"Source
— United States v. Werner
(Stated as the purpose of Rule 8.)
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Quote #6
"efficiency and economy"Source
— United States v. Halper
(Described as the "customary justifications for joinder".)
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Quote #7
"no one characteristic is always sufficient to establish ‘similarity’ of offenses ... and each case depends largely on its own facts."Source
— Legal principle from United States v.
(Regarding the analysis conducted under Rule 8(a).)
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Quote #8
Full Extracted Text
Complete text extracted from the document (2,075 characters)
Case 1:20-cr-00330-AJN Document 120 Filed 01/25/21 Page 7 of 19
B. Counts Five and Six (the “Perjury Counts”)
Counts Five and Six of the Indictment allege that Ms. Maxwell committed perjury in violation of 18 U.S.C. § 1623 by testifying falsely at two separate civil depositions—one on April 22, 2016 (Count Five) and the other on July 22, 2016 (Count Six). Id. ¶¶ 21, 23.
APPLICABLE LAW
A. Joinder of Offenses
Rule 8(a) of the Federal Rules of Criminal Procedure provides, in relevant part,
(a) Joinder of Offenses. The indictment or information may charge a defendant in separate counts with 2 or more offenses if the offenses charged--whether felonies or misdemeanors or both--are of the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan.
Rule 8(a) sets forth three different circumstances in which separate offenses may be properly joined in the same indictment; namely, when the offenses: (1) “are of the same or similar character,” (2) “are based on the same act or transaction,” or (3) “are connected with or constitute parts of a common scheme or plan.” Fed. R. Crim. P. 8(a). Although charging separate offenses in the same indictment and allowing them to be tried together “inevitably involves some danger of prejudice” to the defendant, Rule 8 permits joinder of offenses in circumstances where “gains in trial efficiency outweigh the recognized prejudice that accrues to the accused.” United States v. Turoff, 853 F.2d 1037, 1042-43 (2d Cir. 1988); see also United States v. Werner, 620 F.2d 922, 928 (2d Cir. 1980) (purpose of Rule 8 is to promote “trial convenience and economy of judicial and prosecutorial resources”); United States v. Halper, 590 F.2d 422, 430 (2d Cir. 1978) (“efficiency and economy” are the “customary justifications for joinder”).
In conducting a Rule 8(a) analysis, “no one characteristic is always sufficient to establish ‘similarity’ of offenses ... and each case depends largely on its own facts.” United States v.
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DOJ-OGR-00002285
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