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Case 22-1426, Document 58_02/28/2023, 3475901, Page159 of 221 A-359 Case 1:20-cr-00330-AJN Document 657 Filed 04/29/22 Page 2 of 45 Three, and Five) because they are “multiplicitous”—meaning that they all charge the same offense—and therefore entry of judgment on all three counts would violate the Fifth Amendment’s Double Jeopardy Clause. Second, she requests under Rule 29 of the Federal Rules of Criminal Procedure that the Court acquit her of all counts because there is insufficient evidence for any rational juror to find her guilty beyond a reasonable doubt. Third, the Defendant moves to vacate Counts One, Three, and Four under Rule 33 because, she claims, the convictions were based on a constructive amendment of, or variance from, the Indictment. And fourth, she requests that the Court vacate all five convictions because the Government intentionally and prejudicially delayed its prosecution. With one exception, the motions are denied. The Rule 29 motion challenging all counts of conviction is denied because the jury’s guilty verdicts were readily supported by the extensive witness testimony and documentary evidence admitted at trial. Further, those counts of conviction matched the core of criminality charged in the Indictment, presented by the Government at trial, and on which the jury was accurately instructed. The Defendant’s contrary claim of a constructive amendment of or variance from the Indictment rests on an implausible and speculative interpretation of a single ambiguous jury note. In addition, the Court concludes that the Government did not intentionally delay its prosecution and, in any event, the Defendant’s ability to prepare a defense was not prejudiced by any delay. The Court does conclude, however, that the three conspiracy counts charge the same offense, and, accordingly, are multiplicitous. The Government concedes that Count One is multiplicitous with Count Three but argues that Count Three and Count Five nevertheless involve distinct conspiracies. The Court concludes that Count Five, like Counts One and Three, charges the Defendant’s participation in the same decade-long unlawful agreement with the DOJ-OGR-00020985