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756 KB
Extraction Summary
10
People
5
Organizations
2
Locations
0
Events
0
Relationships
4
Quotes
Document Information
Type:
Legal filing / court memorandum (page 8)
File Size:
756 KB
Summary
This document is Page 8 of a legal filing (Document 120) from Case 1:20-cr-00330-AJN (United States v. Ghislaine Maxwell), filed on January 25, 2021. The text presents legal arguments regarding the 'joinder' (combining) and 'severance' (separating) of criminal charges, citing various precedents to argue that offenses separated by time, location, or circumstance should not be tried together. It specifically addresses the standards for joining perjury or false statement counts with substantive crimes.
People (10)
| Name | Role | Context |
|---|---|---|
| Alison J. Nathan | Judge |
Implied by case number suffix 'AJN' in header.
|
| Blakney | Case Law Citation |
Cited in legal argument regarding 'similar charges'.
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| Rivera | Case Law Citation |
Cited in United States v. Rivera.
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| Werner | Case Law Citation |
Cited within Rivera citation.
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| Randazzo | Case Law Citation |
Cited in United States v. Randazzo regarding 'common scheme'.
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| Halper | Case Law Citation |
Cited regarding inappropriate joinder.
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| Martinez | Case Law Citation |
Cited in United States v. Martinez regarding severance of counts.
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| Brown | Case Law Citation |
Cited in United States v. Brown regarding severance.
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| Potamitis | Case Law Citation |
Cited in United States v. Potamitis regarding perjury counts.
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| Botti | Case Law Citation |
Cited in United States v. Botti regarding severing structuring charges.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| Department of Justice |
Implied by Bates stamp 'DOJ-OGR'.
|
|
| Second Circuit Court of Appeals |
Referenced as '2d Cir.' in citations.
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| First Circuit Court of Appeals |
Referenced as '1st Cir.' in citations.
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| Southern District of New York |
Referenced as 'S.D.N.Y.' in citations.
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| Eastern District of Pennsylvania |
Referenced as 'E.D. Pa.' in citations.
|
Key Quotes (4)
"“Similar” charges include those that are “somewhat alike,” or those “having a general likeness” to each other."Source
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Quote #1
"Offenses are “connected” or part of a “common scheme or plan” if the counts “grow out of related transactions.”"Source
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Quote #2
"joinder is inappropriate when “[c]ommission of one of the offenses neither depended upon nor necessarily led to the commission of the other; proof of the one act neither constituted nor depended upon proof of the other.”"Source
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Quote #3
"joinder is not appropriate when the perjury or false statement allegations do not relate to, or have only a speculative connection to, the other charges in the indictment."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,214 characters)
Case 1:20-cr-00330-AJN Document 120 Filed 01/25/21 Page 8 of 19
Blakney, 941 F.2d 114, 116 (2d Cir. 1991) (quotations and citation omitted). "'Similar' charges
include those that are 'somewhat alike,' or those 'having a general likeness' to each
other." United States v. Rivera, 546 F.3d 245, 253 (2d Cir. 2008) (quoting Werner, 620 F.2d at
926). Offenses are "connected" or part of a "common scheme or plan" if the counts "grow out of
related transactions." United States v. Randazzo, 80 F.3d 623, 627 (1st Cir. 1996). By contrast,
offenses are not "connected" and joinder is inappropriate when "[c]ommission of one of the
offenses neither depended upon nor necessarily led to the commission of the other; proof of the
one act neither constituted nor depended upon proof of the other." Halper, 590 F.2d at 429.
include those that are 'somewhat alike,' or those 'having a general likeness' to each
other." United States v. Rivera, 546 F.3d 245, 253 (2d Cir. 2008) (quoting Werner, 620 F.2d at
926). Offenses are "connected" or part of a "common scheme or plan" if the counts "grow out of
related transactions." United States v. Randazzo, 80 F.3d 623, 627 (1st Cir. 1996). By contrast,
offenses are not "connected" and joinder is inappropriate when "[c]ommission of one of the
offenses neither depended upon nor necessarily led to the commission of the other; proof of the
one act neither constituted nor depended upon proof of the other." Halper, 590 F.2d at 429.
Similarly, offenses that are separated by time and location, and were allegedly committed
under different circumstances, are not sufficiently connected to warrant joinder. See United
States v. Martinez, Nos. S2 92 Cr. 839 (SWK), 1993 WL 322768, at *8-*9 (S.D.N.Y. Aug. 19,
1993) (granting severance of firearm possession and narcotics conspiracy counts where firearm
was seized in different location over four months after narcotics conspiracy ended "under
circumstances having no bearing on either the alleged narcotics conspiracy, or any of
[defendant's] coconspirators"); United States v. Brown, No. 07-0296-1, 2008 WL 161146, at *5
(E.D. Pa. Jan. 16, 2008) (granting severance where a firearm possession count was unrelated
"both physically and temporally" to the narcotics counts in the indictment (emphasis original)).
under different circumstances, are not sufficiently connected to warrant joinder. See United
States v. Martinez, Nos. S2 92 Cr. 839 (SWK), 1993 WL 322768, at *8-*9 (S.D.N.Y. Aug. 19,
1993) (granting severance of firearm possession and narcotics conspiracy counts where firearm
was seized in different location over four months after narcotics conspiracy ended "under
circumstances having no bearing on either the alleged narcotics conspiracy, or any of
[defendant's] coconspirators"); United States v. Brown, No. 07-0296-1, 2008 WL 161146, at *5
(E.D. Pa. Jan. 16, 2008) (granting severance where a firearm possession count was unrelated
"both physically and temporally" to the narcotics counts in the indictment (emphasis original)).
Although the Second Circuit has recognized that it is generally permissible to join
"underlying substantive crimes with perjury counts" where the false declarations "concern the
substantive offenses," United States v. Potamitis, 739 F.2d 784 (2d Cir. 1984), joinder is not
appropriate when the perjury or false statement allegations do not relate to, or have only a
speculative connection to, the other charges in the indictment. See United States v. Botti, No.
3:08-cr-00230 (CSH), 2009 WL 3157582, at *5 (S.D.N.Y. Sept. 25, 2009) (severing structuring
"underlying substantive crimes with perjury counts" where the false declarations "concern the
substantive offenses," United States v. Potamitis, 739 F.2d 784 (2d Cir. 1984), joinder is not
appropriate when the perjury or false statement allegations do not relate to, or have only a
speculative connection to, the other charges in the indictment. See United States v. Botti, No.
3:08-cr-00230 (CSH), 2009 WL 3157582, at *5 (S.D.N.Y. Sept. 25, 2009) (severing structuring
4
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