DOJ-OGR-00003100.jpg
Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 166 of 239
F.2d at 929). Offenses may be joined “where the same evidence may be used to prove each count
or if the counts have a sufficient logical connection.” United States v. Page, 657 F.3d 126, 129
(2d Cir. 2011) (internal quotation marks and citations omitted). “For purposes of analysis under
Rule 8(a),” however, “no one characteristic is always sufficient to establish ‘similarity’ of offenses,
and each case depends largely on its own facts.” United States v. Blakney, 941 F.2d 114, 116 (2d
Cir. 1991) (internal quotations and citations omitted). For instance, in United States v. Werner,
620 F.2d 922 (2d Cir. 1980), the “Second Circuit found sufficient similarity between two cargo
thefts that occurred two years apart and only one of which was violent in nature,” because “both
offenses arose out of [defendant’s] scheme to use his position as an insider . . . to obtain money or
property carried by it.’” United States v. Smith, No. 05 Cr. 922 (DLC), 2007 WL 980431, at *2
(S.D.N.Y. Apr. 3, 2007), aff'd, 348 F. App’x 636, 638 (2d Cir. 2009) (first alteration in original)
(quoting Werner, 620 F2d at 927).
Joinder is also proper for “distinct criminal acts where they originated from a common
scheme.” United States v. Ying Lin, No. 15 Cr. 601 (DLI), 2018 WL 5113139, at *2 (E.D.N.Y.
Oct. 19, 2018) (citing Werner, 620 F.2d at 927). Specifically in the context of perjury, “[t]he law
in this circuit clearly supports the joinder of underlying substantive crimes with perjury counts
where, as here, the false declarations concern the substantive offenses.” United States v. Potamitis,
739 F.2d 784, 791 (2d Cir. 1984); see United States v. Sweig, 441 F.2d 114, 118 (2d Cir. 1971).
False statements can “concern” or be connected with substantive offenses even if they were not
made as part of an investigation into the specific substantive conduct. See United States v. Ruiz,
894 F.2d 501, 505 (2d Cir. 1990) (joining false statements on loan applications with perjury about
“attempts to secure Senate Ethics Committee approval” of “consulting fees’); United States v.
Broccolo, 797 F. Supp. 1185, 1190-91 (S.D.N.Y. 1992) (joining fraud counts with a false statement
139
DOJ-OGR-00003100
Extracted Information
Document Details
| Filename | DOJ-OGR-00003100.jpg |
| File Size | 753.5 KB |
| OCR Confidence | 94.1% |
| Has Readable Text | Yes |
| Text Length | 2,262 characters |
| Indexed | 2026-02-03 16:30:43.797817 |