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Case 1:20-cr-00330-AJN Document 134 Filed 02/04/21 Page 20 of 23
4. This court possesses the inherent authority to order suppression.
Incident to its inherent power to superintend proceedings, this Court has the authority to
suppress the fruits of the government’s misrepresentation. See, e.g., United States v. Cortina, 630
F.3d 1207, 1214 (7th Cir. 1980) (“The court has inherent authority to regulate the administration
of criminal justice among the parties before the bar... . [by] exclud[ing] evidence taken from
the defendant by willful disobedience of law.” (citation omitted)); United States v. Lambus, 897
F.3d 368, 386 (2d Cir. 2018) (“It is within the court’s inherent authority to suppress evidence
gathered unlawfully in order to maintain the integrity of its own proceedings . . . .”); Benkovitch
v. Gorilla, Inc., No. 2:15-cv-7806 (WJM), 2017 WL 4005452, at *2 (D.N.J. Sept. 12, 2017)
(“District courts have ‘inherent authority’ to impose a variety of sanctions, including...
suppression of evidence... .”).
It does not matter that the government made its misrepresentations to
and not directly to this Court. “As long as a party receives an appropriate hearing, . . . the party
may be sanctioned for abuses of process occurring beyond the courtroom. . . .” Chambers v.
NASCO, Inc., 510 U.S. 32, 57 (1991). “Courts have held that inherent authority sanctions may be
imposed for misconduct in another court where the misconduct is . . . in some way related to the
case before the sanctioning court.” Klein v. Weidner, Civ. No. 08-3798, 2017 WL 2834260, at *6
(E.D. Pa. June 30, 2017) (citation and alteration omitted); Manhattan Review LLC v. Yun, 16
Civ. 0102 (LAK) (JCF), 2017 WL 11455317, *7 n.3 (S.D.N.Y. Sept. 21, 2017) (“The inherent
power... can punish conduct before a different court if it is intimately related to the relevant
case.” (citing Klein, 2017 WL 2834260, at *4)). Here, the government’s misrepresentation to
EE «Vas not simply “related” to Counts Five and Six; only by the government’s
deception was it able to obtain the factual predicate for those counts. Accordingly, the Court may
exercise its inherent authority to suppress that evidence. And it should.
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Document Details
| Filename | DOJ-OGR-00002367.jpg |
| File Size | 745.9 KB |
| OCR Confidence | 92.7% |
| Has Readable Text | Yes |
| Text Length | 2,219 characters |
| Indexed | 2026-02-03 16:22:58.504859 |