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2019 Federal Trialtrial-daytrial-daycharge_conferenceDay 25 - June 15, 2019The court reviewed jury instructions, agreed to good-faith and tax-willfulness language, and retained disputed RICO and commercial-sex-act language. A separate RICO relatedness issue remained under review.
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Day 25 - June 15, 2019

Charge Conference Addresses RICO, Commercial Sex Acts, and Tax Instructions

Judge Nicholas G. Garaufis
1Proceedings
1Pages
0Witnesses
354Lines
Day 25 of 29

The court reviewed jury instructions, agreed to good-faith and tax-willfulness language, and retained disputed RICO and commercial-sex-act language. A separate RICO relatedness issue remained under review.

Full day summary

The court reviewed proposed jury instructions and the verdict sheet with counsel. It agreed to include good-faith language for wire fraud and the intended tax offense, leaving the wording open. With both parties’ agreement, it added an instruction requiring knowledge of a tax duty and its voluntary, intentional violation for Racketeering Act 11. Over defense objections, the court retained aiding-and-abetting language in the RICO elements and additional commercial-sex-act language addressing nonfinancial value. Defense exceptions were preserved. The court reserved review of challenged RICO relatedness language and requested further submissions on witness bias and enterprise structure. The defense also flagged possible overlap between two identity-theft conspiracy predicates without requesting relief; the Government did not concede the issue, and the court took no action. The court adjourned to June 17 at 9 a.m. for closing arguments, aiming to submit the case to the jury by Wednesday morning.

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