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Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 202 of 239
necessary to the preparation of his defense, and to avoid prejudicial surprise at trial.” United States
v. Torres, 901 F.2d 205, 234 (2d Cir. 1990), abrogated on other grounds by United States v.
Marcus, 628 F.3d 36, 41 (2d Cir.2010) (emphasis added) (internal quotation mark omitted).
Accordingly, “[a] bill of particulars is required ‘only where the charges of the indictment are so
general that they do not advise the defendant of the specific acts of which he is accused.’” United
States v. Walsh, 194 F.3d 37, 47 (2d Cir. 1999) (quoting Torres, 901 F.2d at 234); see United
States v. Mahabub, No. 13 Cr. 908 (AJN), 2014 WL 4243657, at *2 (S.D.N.Y. Aug. 26, 2014).
In exercising its broad discretion to determine whether the charges are so general that they
require supplementation through a bill of particulars, the Court should consider not just the text of
the Indictment, but also discovery and other information supplied to the defendant to date. See
United States v. Bortnovsky, 820 F.2d 572, 574 (2d Cir. 1987); see also, e.g., Pierre-Louis, 2018
WL 4043140, at *7 (denying request for bill of particulars where indictment charged sex
trafficking conspiracy spanning two decades because indictment and discovery “would suggest
that defendant has enough information to apprise him of the charges with enough precision to
enable him to prepare a defense, avoid unfair surprise at trial, and preclude a second prosecution
for the same offense”); United States v. Block, No. 16 Cr. 595 (JPO), 2017 WL 1608905, at *6-7
(S.D.N.Y. Apr. 28, 2017) (denying request for bill of particulars as to alleged fraud and unindicted
co-conspirators where indictment sufficiently advised defendant of nature of charges against him
and described with specificity acts he allegedly committed, nature of conspiracy, and explained in
language closely tracking statute crimes alleged); United States v. Monserrate, No. 10 Cr. 965
(CM), 2011 WL 3480957, at *4 (S.D.N.Y. Aug. 4, 2011) (denying request for bill of particulars
where discovery and indictment was “sufficient to apprise the defendant of the charge” and to
allow him to prepare for trial); United States v. Trippe, 171 F. Supp. 2d 230, 240 (S.D.N.Y. 2001)
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Document Details
| Filename | DOJ-OGR-00003136.jpg |
| File Size | 778.4 KB |
| OCR Confidence | 94.3% |
| Has Readable Text | Yes |
| Text Length | 2,297 characters |
| Indexed | 2026-02-03 16:31:17.100120 |