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604 KB
Extraction Summary
3
People
2
Organizations
1
Locations
3
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
604 KB
Summary
This document is a court transcript from a case (1:20-cr-00330-PAE) filed on August 22, 2022. It captures a legal argument between the judge ('THE COURT') and a government attorney ('MS. MOE') about the end date of a criminal conspiracy. The judge challenges the government's use of evidence from late 2004 and 2005, arguing it constitutes inadmissible 'post conspiracy' evidence because the conspiracy was legally dependent on a person named Carolyn being under the age of 18.
People (3)
| Name | Role | Context |
|---|---|---|
| MS. MOE | Attorney (presumably for the government) |
Speaker in a court proceeding, arguing the government's position on the end date of a conspiracy.
|
| your Honor | Judge |
Addressed by Ms. Moe. The judge is also the speaker identified as 'THE COURT'.
|
| Carolyn | Subject of the conspiracy |
Mentioned in the context of her 18th birthday, which is a key factor in determining the legal end date of the conspir...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| the government | Government agency |
Referred to as a party in the legal case, whose understanding of the case law is being discussed.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page as the court reporting service.
|
Timeline (3 events)
2004-11-01
A conspiracy that the government argues was ongoing through November 2004, December 2004, and into 2005.
conspirators
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting company, 'SOUTHERN DISTRICT REPORTERS, P.C.'
|
Relationships (2)
The document is a transcript of a formal court proceeding where MS. MOE, an attorney, is arguing a legal point before the judge, referred to as 'THE COURT' and 'your Honor'.
The conspiracy is described by the court as being 'dependent here on Carolyn being under 18 for its continuation,' implying she is the victim or subject of the conspiracy.
Key Quotes (3)
"What does the trial evidence establish about the final date? And here the trial evidence was that the conspiracy was ongoing through all of 2004 and into 2005."Source
— MS. MOE (paraphrasing the government's position)
(Arguing the government's view on the duration of the conspiracy based on trial evidence.)
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Quote #1
"It exceeds also the date of Carolyn's 18th birthday. And so it's not just what the indictment charges -- ... but by a conspiracy that is dependent here on Carolyn being under 18 for its continuation."Source
— THE COURT
(Explaining why the evidence being presented is considered post-conspiracy, linking the conspiracy's legal existence to Carolyn's age.)
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Quote #2
"that's why I see what you're pointing to as post conspiracy, not only because it goes past what the indictment charged, but because I think legally you're pointing to non-conspiracy"Source
— THE COURT
(Concluding the legal reasoning for rejecting the government's argument about the conspiracy's end date.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (1,841 characters)
Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 22 of 101
M6SQmax1
M6SQmax1
1 To some extent, the government points, I think, to
2 post conspiracy conduct, and that concerns me. And so I would
3 like to ask you to draw my attention to what in the trial
4 record specifically speaks to November and December of 2004.
5 MS. MOE: Yes, your Honor.
6 As a threshold matter, the government's understanding
7 that the case law is that the question is what is the end date
8 of the conspiracy. In other words, if the conspirators are
9 taking actions periodically over time, the question is what is
10 the last date of the conspiracy? What does the trial evidence
11 establish about the final date? And here the trial evidence
12 was that the conspiracy was ongoing through all of 2004 and
13 into 2005.
14 THE COURT: But to make that point, I think you're
15 relying on post conspiracy evidence.
16 MS. MOE: No, your Honor. We're relying on evidence
17 that exceeds the date in the indictment, but it --
18 THE COURT: It exceeds also the date of Carolyn's 18th
19 birthday. And so it's not just what the indictment charges --
20 MS. MOE: Yes, your Honor.
21 THE COURT: -- but by a conspiracy that is dependent
22 here on Carolyn being under 18 for its continuation. And so
23 that's why I see what you're pointing to as post conspiracy,
24 not only because it goes past what the indictment charged, but
25 because I think legally you're pointing to non-conspiracy
2 post conspiracy conduct, and that concerns me. And so I would
3 like to ask you to draw my attention to what in the trial
4 record specifically speaks to November and December of 2004.
5 MS. MOE: Yes, your Honor.
6 As a threshold matter, the government's understanding
7 that the case law is that the question is what is the end date
8 of the conspiracy. In other words, if the conspirators are
9 taking actions periodically over time, the question is what is
10 the last date of the conspiracy? What does the trial evidence
11 establish about the final date? And here the trial evidence
12 was that the conspiracy was ongoing through all of 2004 and
13 into 2005.
14 THE COURT: But to make that point, I think you're
15 relying on post conspiracy evidence.
16 MS. MOE: No, your Honor. We're relying on evidence
17 that exceeds the date in the indictment, but it --
18 THE COURT: It exceeds also the date of Carolyn's 18th
19 birthday. And so it's not just what the indictment charges --
20 MS. MOE: Yes, your Honor.
21 THE COURT: -- but by a conspiracy that is dependent
22 here on Carolyn being under 18 for its continuation. And so
23 that's why I see what you're pointing to as post conspiracy,
24 not only because it goes past what the indictment charged, but
25 because I think legally you're pointing to non-conspiracy
SOUTHERN DISTRICT REPORTERS, P.C.
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(212) 805-0300
DOJ-OGR-00014769
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(212) 805-0300
DOJ-OGR-00014769
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