01/28/2010 67 MOTION for Bill of Particulars by Rufus Paul Harris. (Manchel, Howard) (Entered: 01/28/2010)
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MOTION FOR BILL OF PARTICULARS
Comes now Defendant RUFUS PAUL HARRIS and moves this Court for an order directing the United States of America to file a bill of particulars on the following matters embraced within the indictment:
1. Regarding Count One, paragraph 5 (B) the Government alleges the following:
Defendants Harris and Stanley, and others working for and with CSHC, represented that CSHC owned and maintained …
Please provide the names of the people the Government alleges were working for and with CSHC who the Government is referring to in that paragraph.
2. Regarding Count One, paragraph 5(B) the Government further alleges the following:
The bond investors were told this and other substantial assets would form the basis of CSHC’s ability to raise large amounts of capital for its profitable funding ventures.
Please provide the names of the bond investors.
3. Regarding Count One, paragraph 5 (C) the Government alleges the following:
Over $2 milllion was invested in CSHC by individuals induced to purchase “convertible notes.”
Please provide a list of the individuals the government contends were induced to purchase “convertible notes.”
4. Regarding Count One, paragraph 5(C) the Government alleges the following:
“the company could and in most if not all cases did decide to give the bondholder equity shares in CSHC instead of a cash payment.”
Is the Government contending that CSHC violated any law by deciding to convert the notes to stock instead of providing a cash payment?
Defendant's request seeks the names of those victims of the alleged fraud and those in addition to the named defendants who perpetrated the alleged fraud. In the category of victims, the defendants believe the first determination must be whether such persons exist and if so, did they purchase stock based on allegations from the defendants named in the indictment or allegations from “other parties.” In the category of others working for and with CSHC their identities are necessary in order to defend the conspiracy charge. Without the names of the “other parties” it would be difficult to rebut claims that they were working for the Defendants.
The purpose of a bill of particulars is to apprise the defendant of the essential facts of the crime for which the defendant has been indicted, especially in instances where the indictment itself does little more than track the language of the statute allegedly violated. United States v. Salazar, 485 F2d 1272, 1278 (2d Cir. 1973). It serves to inform the defendant of the charge against him with sufficient precision to allow him to prepare his defense, to minimize surprise at trial, and to enable him to plead double jeopardy in the event of a later prosecution of the same offense. United States v. Warren, 772 F.2d 827 (11th Cir. 1985).
Wherefore, Defendant requests this Court direct the Government to respond to the Bill of Particulars.
Respectfully submitted,
Howard J. Manchel
Howard J. Manchel
Attorney for Rufus Paul Harris
Ga. Bar No. 468550
Manchel, Wiggins & Kaye, P.C.
729 Piedmont Avenue, NE
Atlanta, Georgia 30308
404-522-1701 |
