["MS. MOE"]
PersonRelationship Network
Duration of a criminal conspiracy
The Court questions MS. MOE's argument, suggesting that the conduct she points to as evidence of an ongoing conspiracy is 'definitionally non-conspiracy conduct'.
Duration of a criminal conspiracy
The Court questions MS. MOE's argument, suggesting that the conduct she points to as evidence of an ongoing conspiracy is 'definitionally non-conspiracy conduct'.
Clarification of fine guideline range
The Court realizes a mistake in reading the fine amount, corrects it to '20 to 200,000 for each count', and asks for confirmation from Ms. Moe, who provides it.
Confirmation of Anonymity Order
The Court confirms its prior anonymity and pseudonym order for Kate, stating she will be referred to as Kate only and sketch artists are not to draw an exact image of her.
Role of an agent witness
The Court questions the proposed role of the agent, contrasting it with the typical role of a summary agent witness who testifies about their own investigative work.
Witness sequestration and communication
The court and Ms. Moe discuss the rules surrounding sequestered witnesses, specifically whether they can communicate with each other (like Jane and Brian) or be provided with trial transcripts.
Ruling on objection
The Court overrules Ms. Moe's objection and admits Defendant's Exhibit J-15 into evidence.
Admissibility of evidence and witness knowledge
The court discusses with Ms. Moe the legal basis for questioning a witness, specifically addressing Rule 408, personal knowledge, and the binding precedent of the Second Circuit.
Admission of Government Exhibits 925 and 925-R
The Court admits the exhibits, confirms the reason for sealing Exhibit 925, and grants permission to publish the redacted version, 925-R, to the jury.
Rule 408 and motion to quash
The Court questions why Ms. Moe hadn't raised the Rule 408 issue in the motion to quash and then agrees to a sidebar discussion on the topic of anonymity.
Question about a photograph
The Court asks the government if their representation is that the individual in the photo was a minor at the time it was taken.
Clarification of the government's argument
The Court seeks to clarify the government's position, confirming that they are pointing to Sarah Kellen as the specific 'criminally responsible participant' supervised by the defendant.
Confirmation of anonymity order
The Court confirms that a prior anonymity and pseudonym order is in effect, stating the witness will be referred to as 'Kate' and sketch artists cannot draw an exact image of her.
End date of a conspiracy and use of post-conspiracy evidence
The Court questions Ms. Moe about the government's reliance on evidence from November and December 2004 to establish the end date of a conspiracy. The Court expresses concern that this evidence is 'post conspiracy' because it occurred after the date in the indictment and after a person named Carolyn turned 18, an event on which the conspiracy was dependent.
End date of a conspiracy and use of post-conspiracy evidence
The Court questions Ms. Moe about the government's reliance on evidence from November and December 2004 to establish the end date of a conspiracy. The Court expresses concern that this evidence is 'post conspiracy' because it occurred after the date in the indictment and after a person named Carolyn turned 18, an event on which the conspiracy was dependent.
Arraignment on S1 superseding indictment
The judge asks Ms. Moe to confirm that the proceeding is an arraignment on the S1 superseding indictment and then asks her to explain the difference between it and the original indictment.
Relevance of alleged victim statements in a 3142 bail ana...
The Court questions Ms. Moe (representing the government) about the relevance of victim statements to the bail analysis, a point raised by Mr. Cohen. Ms. Moe clarifies that the government has not proffered these statements for its motion and that the victims' participation is separate, under the Crime Victims Rights Act, and should not be considered in the substance of the bail analysis.
Disclosure of additional information
The Court asks Ms. Moe if a plan has been established to determine if any other additional information, beyond the physical files mentioned, must be disclosed.
Defendant's motive for hiding and its relevance to bail.
The judge questions Ms. Moe about a dispute over whether a defendant's efforts to hide were to evade authorities (indicating flight risk) or for privacy. The judge asks how the government suggests resolving this factual dispute.
Disclosure of investigative files
The Court asks Ms. Moe if a plan is in place to handle discovery materials from other investigative files to avoid delays. The Court also asks if a path has been charted to determine if other additional information must be disclosed beyond the physical files.
Discovery and disclosure of materials
A dialogue between the judge and Ms. Moe regarding the completeness of discovery materials provided by the F.B.I. in Florida. The judge emphasizes the need for thoroughness and asks Ms. Moe to present a proposed schedule discussed with Mr. Cohen.
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