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Extracted Text (OCR)
Case 22-1426, Document “Tats7 | 3475900, Page161 of 208
| A-157 |
Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 20 of 34
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 occurred. The indictment adequately describes the time and place of the charged conduct.
Maxwell next contends that allegations of noncriminal conduct render the charges
impermissibly vague. The Court disagrees. Rule 7 requires only that the language of the
indictment track the language of the statute and provide a rough account of the time and place of
the crime. Tramunti, 513 F.2d at 1113. The language of the S1 superseding indictment does so.
The Government’s decision to provide more details than those strictly required does not hamper
Maxwell’s ability to prepare a defense. Maxwell’s argument that some of the conduct alleged is
not inherently criminal goes to the merits of the Government’s case, not the specificity of the
charges.
Finally, Maxwell argues that the indictment is vague because the government does not
provide the names of the alleged victims. The Court sees no basis to require that the alleged
victims’ names be included the indictment. The names of victims, even if important, generally
need not appear there unless their omission would seriously prejudice the defendant. See United
States v. Stringer, 730 F.3d 120, 127 (2d Cir. 2013); United States v. Kidd, 386 F. Supp. 3d 364,
369 (S.D.N.Y. 2019). Maxwell likely knows the identity of the alleged victims described in the
indictment at this point because the Government has provided extensive discovery on them.
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00020779.jpg |
| File Size | 665.5 KB |
| OCR Confidence | 94.8% |
| Has Readable Text | Yes |
| Text Length | 2,212 characters |
| Indexed | 2026-02-03 20:03:21.110553 |