![]() ![]() (1) Also appended to the January 16 th letter was a copy of a report of interview with Mr. Appended to that letter was a group of approximately 330 Bates-stamped documents that the United States had pulled, copied, and sent to the Defendants with the notification that these were documents that the United States considered as central to its case. On January 16, 2001, a letter, attached as Exhibit 1, was sent to Defendants outlining the United States' Federal Rule of Criminal Procedure 16 production. ![]() The United States has also provided Defendants with extraordinary discovery. § 371 conspiracy, the beginning and ending dates of the conspiracy, and includes a lengthy recitation of fifty-one overt acts committed by the conspirators. In Count II, the Indictment details the 18 U.S.C. §1, identifies co-conspirators, specifies the beginning and ending dates of the conspiracy, details the bid rigging process, and gives a lengthy description of the conspiracy. Count I then sets forth the elements of a violation of 15 U.S.C. The Indictment is nineteen pages in length, beginning with almost five pages of background information regarding the Defendants, their co-conspirators, and a description of the bidding process. § 371) with mail fraud and money laundering as the objects of the conspiracy. In a two-count Indictment, Defendants were charged with violating the Sherman Act (15 U.S.C § 1) and conspiracy against the United States (18 U.S.C. Accordingly, the United States requests that the Court deny the Motion. Moreover, because of the ample information already available to Defendants, ordering a Bill here is inappropriate because Defendants cannot make the requisite showing of "actual surprise and substantial prejudice" required by Sixth Circuit precedent for a Bill of Particulars. Baker's own admissions, and additional information recently provided to Defendants make a Bill unnecessary. The Indictment, the documentary discovery already provided, Mr. The United States opposes the Motion as unnecessary and inappropriate. ![]() TO DEFENDANTS' MOTION FOR BILL OF PARTICULARSĭefendants have filed a Motion for a Bill of Particulars, requesting five categories of information. For an official signed copy, please contact the Antitrust Documents Group. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). ![]()
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