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United States v. Abakporo

United States District Court, S.D. New York

April 26, 2013

UNITED STATES OF AMERICA
v.
IFEANYICHUKWU ERIC ABAKPORO and LATANYA PIERCE, Defendants

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[Copyrighted Material Omitted]

Page 384

For Abakporo, Defendant: Lee A. Ginsberg, Esq., Freeman, Nooter & Ginsberg, New York, NY.

For the Government: Michael D. Lockard, Ryan P. Poscablo, Assistant United States Attorneys, New York, NY.

For Pierce, Defendant: Michael T. Cornacchia, Esq., New York, NY.

OPINION

Page 385

OPINION AND ORDER

Shira A. Scheindlin, U.S.D.J.

Defendant Ifeanyichukwu Eric Abakporo moves to dismiss Count One of the S2 Superseding Indictment. Abakporo also moves for inspection of the grand jury minutes and the production of previously demanded discovery.[1] Defendant Latanya Pierce moves for severance from the trial of her co-defendant pursuant to Crawford v. Washington .[2] Pierce also moves for: (1) a bill of particulars; (2) Bruton [3] relief with regard to certain post-arrest statements made by Abakporo; (3) production of the aforementioned discovery; and (4) disclosure of all Brady [4] material.[5] For the following reasons, defendants' motions are granted in part and denied in part.

I. BACKGROUND

On April 7, 2012, the Government filed the original Indictment which charged defendants with conspiracy to commit wire fraud, wire fraud, conspiracy to commit bank fraud, and bank fraud. All four counts related to property located at 1070 St. Nicholas Avenue, New York, New York. The Indictment did not allege that any entities controlled by both defendants were used in the conspiracy. On November 27, 2012, the Government filed the S1 Superseding Indictment which charged defendants with conspiracy to commit wire fraud, conspiracy to commit bank fraud, and bank fraud. All three counts related

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to 1070 St. Nicholas Avenue. The wire fraud conspiracy count was now configured as a single, dual-object conspiracy which had the following two objects: (1) a scheme to defraud the owner of 1070 St. Nicholas Avenue; and (2) a scheme to defraud a financial institution by fraudulently obtaining a mortgage loan secured by the property. Again, the S1 Superseding Indictment did not allege that any entities controlled by both defendants were used in the conspiracy.

On January 24, 2013, the Government filed the S2 Superseding Indictment (the " S2 Indictment" ). Count One charges defendants with conspiracy to commit wire fraud and bank fraud while Count Two charges bank fraud. The S2 Indictment charges defendants with a scheme to defraud lending institutions and individuals and engaging in ...


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