Posted on April 06 2018
Bill of Particulars
“A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutorat the request of a defendant, giving the defendant detailed information concerning the claims orcharges made against him or her.“
As it relates to Criminal Maters:
...Defendant formally request the Prosecution to provide in writing:
- “the facts alleged in the Indictment and related to the commission of the crime(s) listed in the indictment”
- The defendant is given notice of the offenses with which he/she is charged.
This typical occurs, so the defense can better prepared and the possibility of surprise or double jeopardy can be avoided. The one thing that strikes me is Bill of Particulars are NOT intended to serve as an end run for Discovery.
From a timing standpoint it’s noteworthy. It would be incorrect to say it’s premature, because there’s really no set timetable when a defendant can make the request.
I also suspect that this is Manafort’s multipronged Defense strategy. It’s possibly a clever way for Manafort to force Special Counsel Mueller’s team to put forth additional evidence into the public record or inadvertently tipping their hand, as it relates to ongoing investigations. I can’t help but think (given last nights disclosure) this could impact other “ongoing investigations not related to Manafort”.
And lastly this could very well be a precursor to Manafort Filing a Motion In Lime (threshold) to “limit evidence” particularly if Manafort’s defense team thinks certain evidence would be prejudicial.
Again keeping in mind last nights SCO Filing, all signs point to Mueller possibly filing additional charges against Manafort.
Manafort’s Motion For Bill of Particulars
1 Indentify How the Defendant “Caused” Alleged Action:
- Manafort wants to know “among others”
- “what false statements”
- “identify how Manafort in November 2016 & February 2017 caused false and misleading statements to the DOJ”
Maybe my brain is mush but for some reason I forgot about Manafort being interviewed within days of the 2016 election. How did I miss this?
- “2004-2008...aided and abetted...Companies A, B and C...and others”
- ”how Manafort caused false statements in paragraphs 45 and 47”
III Identify the Alleged “Accomplices” and “Others”
Again you can read Manafort’s 13 Page Motion Bill of Particularrs but I’ll warn you...Manafort should be ashamed of himself for authorizing his attorneys to use abhorrent language like this👇🏻
Filing 👈🏻link should open a new window to an open source link
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