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UNITED STATES v. STEINMETZ

September 15, 1986

UNITED STATES OF AMERICA, Plaintiff
v.
DENNIS E. STEINMETZ, ROGER B. NESTOR, FRANCIS J. MONAGHAN, Defendants



The opinion of the court was delivered by: CALDWELL

William W. Caldwell, United States District Judge

 MEMORANDUM

 Introduction

 Presently pending are the pre-trial motions of defendants, Dennis E. Steinmetz, Roger B. Nestor and Francis J. Monaghan for (1) a bill of particulars, (2) a severance pursuant to Fed. R. Crim. P. 14, (3) a pretrial evidentiary hearing or the imposition of an order of proof, (4) a pretrial hearing to determine the admissibility of tape recordings and the accuracy of transcripts, and (5) to dismiss the superseding indictment. The government has responded to the motions and they are now ripe for disposition. For the reasons set forth below we will deny all motions.

 Background

 On June 3, 1986 a superseding indictment *fn1" was issued charging defendants with a conspiracy to defraud the United States by obstructing the collection of income taxes in violation of 18 U.S.C. ยง 371. *fn2" The indictment alleges that Steinmetz Coins and Currency, Inc. concealed significant amounts of certain client's income from the Internal Revenue Service for the purpose of avoiding the collection of income taxes. Under the scheme, one-half of the currency to be laundered would be transported to Switzerland for deposit in bank accounts set up by defendants for their clients. The remaining half would be used to purchase rare coins on the client's behalf which would be stored in a vault maintained by Steinmetz Coins and Currency, Inc. The coins would then be repurchased from the clients by defendants' partners in Switzerland and the proceeds added to the clients' Swiss bank accounts.

 Discussion

 A. Motion for a Bill of Particulars

 The motion consists of six specific requests for information which the government allegedly has not provided in the indictment or by discovery. Defendants assert generally that the information is necessary to prepare a proper defense and avoid surprise at the trial. The government refuses to supply the requested information and avers that the complaint sufficiently informs defendants of the charges against them.

 "The purpose of the bill of particulars is to inform the defendant of the nature of the charges brought against him to adequately prepare his defense, to avoid surprise during the trial and to protect him against a second prosecution for an inadequately described offense." United States v. Addonizio, 451 F.2d 49, 63-4 (3d Cir. 1972) (quoting United States v. Tucker, 262 F. Supp. 305, 308 (S.D. N.Y. 1966)). A bill of particulars should be granted only when the indictment is so inadequate that it does not fulfill these purposes. United States v. Bloom, 78 F.R.D. 591 (E.D. Pa. 1977); Addonizio, supra. Defendants, however, are not entitled to obtain disclosure of every detail of the government's case or a wholesale discovery of the government's file. United States v. Fischbach and Moore, Inc., 576 F. Supp. 1384 (W.D. Pa. 1983); United States v. Joseph, 510 F. Supp. 1001 (E.D. Pa. 1981).

 B. Motion for a Severance

 Defendants have moved for a severance pursuant to Fed. R. Crim. P. 14. Defendants maintain that a severance is necessary because (1) the evidence is disproportionate as to each defendant and the jury will not be able to Weigh the evidence as it pertains to each defendant, (2) the government intends to introduce into evidence certain out-of-court statements made by defendants, (3) each defendant will be deprived of the opportunity to call his co-defendants as witnesses, and (4) the interests of the defendants are irreconcilably opposed. We Will consider each of these arguments separately.

 Defendants argue that severance is required primarily because the jury will be unable to compartmentalize the disparate evidence offered against each of the defendants. In United States v. Dickens, 695 F.2d 765 (3d Cir. 1982), cert. denied, 460 U.S. 1092, 76 L. ...


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