DOJ-OGR-00003114.jpg
Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 180 of 239
asserts that the crimes charged in Counts One through Four require additional specificity without
citing any authority in support of such a broad claim. (See Def. Mot. 12 at 2). In particular, the
defendant suggests that the failure to identify each minor victim by name, the presence of a date
range rather than specific dates, and the use of certain language that the defendant claims not to
understand render Counts One through Four so deficient that they must be dismissed. Because the
defendant cites no authority indicating that violations of 18 U.S.C. §§ 371, 2422, or 2423 fall into
the rare exception to “the rule that ‘an indictment need do little more than to track the language of
the statute charged,’” her motion should be denied. United States v. Murgio, 209 F. Supp. 3d 698,
716 (S.D.N.Y. 2016) (Nathan, J.) (quoting Stringer, 730 F.3d at 124).
First, the use of pseudonyms to refer to minor victims of the charged conduct does not
warrant dismissal of the Indictment. See Stringer, 730 F.3d at 124 (affirming sufficiency of fraud
indictment “[n]Jotwithstanding its failure to specify the names of persons whose identifying
documents were used” in scheme where prosecution provided victims’ names in advance of trial).
The identity of a victim is not required to be included on the face of a charging instrument, and the
“lack of any identity or date of birth information of the alleged victims does not warrant dismissal”
of charges alleging sexual abuse. United States v. Kidd, 386 F. Supp.3d 364, 369 (S.D.N.Y. 2019).
The defendant cites no law to the contrary and has not identified a single indictment in this District
that includes the full names of minor victims of sexual abuse. Indeed, it makes good sense that a
charging instrument alleging sexual abuse of minors would not include the full names of minor
victims, whose privacy Congress has emphasized should be protected. See 18 U.S.C. § 3509(d)
(delineating privacy protections for child victims and witnesses).
Judge Marrero’s decision in Kidd, which denied a motion to dismiss a sex trafficking
charges in violation of 18 U.S.C. § 1591 where the indictment referred to victims by pseudonyms,
153
DOJ-OGR-00003114
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00003114.jpg |
| File Size | 761.8 KB |
| OCR Confidence | 94.9% |
| Has Readable Text | Yes |
| Text Length | 2,268 characters |
| Indexed | 2026-02-03 16:30:57.892232 |