EFTA00028968.pdf

Type: pdf
Source set: data-set-8

Extracted text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
x
UNITED STATES OF AMERICA,
v.
GHISLAINE MAXWELL,
Defendant.
x
20 Cr. 330 (MN)
REPLY MEMORANDUM OF GHISLAINE MAXWELL IN SUPPORT
OF HER MOTION TO DISMISS EITHER COUNT ONE OR COUNT THREE OF THE
SUPERSEDING INDICTMENT AS MULTIPLICITOUS
Jeffrey S. Pagliuca
Laura A. Menninger
HADDON, MORGAN & FOREMAN P.C.
Christian R. Everdell
COHEN & GRESSER LLP
Bobbi C. Stemheim
Law Offices of Bobbi C. Stemheim
Attorneys for Ghislaine Maxwell
EFTA00028968

The government does not dispute that Counts 1 and 3 charge Ms. Maxwell with the same
crime, conspiracy in violation of 18 U.S.C. § 371, nor that the charges are based on identical
facts. Effectively conceding that the counts are multiplicitious, the government argues that the
motion is "premature," focusing only on the jeopardy problem that would occur if Ms. Maxwell
were convicted on both counts at trial and ignoring the prejudice to Ms. Maxwell attendant to the
overcharging. The government argues that the Court should defer ruling on this motion until
"after the completion of trial" which will "ensure" a full factual record. Resp. at 172. The
government is wrong.
The Court can, and should, grant this Motion, direct the government to elect which of the
conspiracy charges it will prosecute, and dismiss the other. The identical facts are plainly alleged
in the superseding indictment ("Indictment"), and the government has presented no factual
distinction in its response. Accordingly, no additional record is necessary and very clear
authority exists supporting the relief requested by Ms. Maxwell, dismissal of one of the
multiplicitous counts. "District courts presented with what are recognized before or during trial
to be multiplicitous indictments will avoid any problem by requiring the prosecution to elect
between counts charged rather than by merging the counts at sentencing." United States v.
Polizzi, 257 F.R.D. 33, 36-37 (E.D.N.Y. 2009).…

Open in the interactive archive →