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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. 20 DOJ-OGR-00020779

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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