DOJ-OGR-00000137.tif
Extracted Text (OCR)
74a
(2d Cir. 1975). In addition to dismissal, “Rule 7(f) of
the Federal Rules of Criminal Procedure permits a
defendant to seek a bill of particulars in order to
identify with sufficient particularity the nature of
the charge pending against him, thereby enabling
defendant to prepare for trial, to prevent surprise, and
to interpose a plea of double jeopardy should he be
prosecuted a second time for the same offense.” United
States v. Bortnovusky, 820 F.2d 572, 574 (2d Cir. 1987).
The S1 superseding indictment sets out the elements of
each charged crime and the facts supporting each
element. Nonetheless, Maxwell contends that the
indictment is too vague because it refers to open-ended
time periods, describes conduct like “grooming” and
“befriending” that is not inherently criminal, and does
not identify the alleged victims by name.
Maxwell’s first argument fails because the
Government need only describe the time and place of
charged conduct “in approximate terms.” Tramunti,
513 F.2d at 1118. The details are subject to proof at
trial. “[T]he Second Circuit routinely upholds the ‘on
or about’ language used to describe the window of
when a violation occurred.” United States v. Kidd, 386
F. Supp. 3d 364, 369 (S.D.N.Y. 2019) (quoting United
States v. Nersesian, 824 F.2d 1294, 1323 (2d Cir. 1987)).
“This is especially true in cases of sexual abuse of
children: allegations of sexual abuse of underage
victims often proceed without specific dates of the
offenses.” United States v. Young, No. 08-cr-285 (KMK),
2008 WL 4178190, at *2 (S.D.N.Y. Sept. 4, 2008)
(collecting cases). As here, these cases frequently
involve alleged abuse spanning a lengthy period of
time, and witnesses who were victimized as children
may struggle to recall the precise dates when abuse
DOJ-OGR-00000137
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00000137.tif |
| File Size | 42.4 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,799 characters |
| Indexed | 2026-02-03 15:58:14.389962 |