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United States v. Manfredi

June 27, 2008

UNITED STATES OF AMERICA
v.
SAMUEL J. MANFREDI AND MARILYN T. MANFREDI, DEFENDANTS.



The opinion of the court was delivered by: Judge Nora Barry Fischer

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

On September 25, 2007, a grand jury returned an eight-count indictment against Samuel J. Manfredi and Marilyn T. Manfredi (collectively, "Defendants") charging both with the following crimes: (1) at Count 1 with conspiracy to commit offenses against the United States under 18 U.S.C. § 371 including income tax evasion in violation of 26 U. S. C §7201, filing false tax returns in violation of 26 U.S.C. § 7206(1) and structuring currency transactions in violation of 31 U.S.C. §5324(a)(3) and 18 U.S.C. § 2; (2) at Counts 2-4 with income tax evasion in violation of 26 U.S.C. § 7206(1); and (3) at Count 8 with structuring currency transaction in violation of 31 U.S.C. §5324(a)(3) and 18 U.S.C. § 2. (Docket No. 2). The indictment further charges Samuel J. Manfredi only at Counts 5-7 with filing false tax returns in violation of 26 U.S.C. §7206(1). Id. This matter is before the Court on Defendants Samuel J. Manfredi and Marilyn T. Manfredi's Pretrial Motions filed on May 13, 2008. As a preliminary matter, the Court has granted Defendant Samuel J. Manfredi's "Motion to Adopt and Join In Motions of Co-Defendant" (Docket No. 43) and Defendant Marilyn T. Manfredi's "Motion to Join Motions filed by Co-Defendant" (Docket No. 50). Accordingly, when applicable, the Court will discuss each Pretrial Motion as applied to both Defendants. In total, Defendants have filed sixteen Pretrial Motions to date. This Memorandum Opinion addresses the following Pretrial Motions:

A. Motion for Disclosure of 404(b) Evidence (Docket No. 29);

B. Motion for Revelation of Identity of Informants (Docket No. 51);

C. Motion to Preserve Evidence (Docket No. 55);

D. Motion for Government Disclosure of Rule 807 "Residual Exception" Statements (Docket No. 46);

E. Motion for Pretrial Disclosure of All Brady Materials (Docket No. 48);

F. Motion for Discovery and Notice of Intention to Use Evidence (Docket No. 32); and,

G. Motion for Search of Personnel Files of Government Agency Witnesses (Docket No. 45).

Based on the following, the above Pretrial Motions by Defendants are DENIED.

II. DISCUSSION

At the outset, the Court acknowledges that several of the Defendants' Pretrial Motions appear to be in violation of the Local Criminal Rules, particularly Local Criminal Rule 16.1, or at least to violate the spirit of the Rules.*fn1 Nevertheless, the Court now turns to the merits of ...


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