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United States v. Ivanova

United States District Court, S.D. New York

May 2, 2014

UNITED STATES OF AMERICA -
v.
- NATALIA IVANOVA, Defendant

Page 512

For Richard Gutkowski, aka: Sealed Defendant 4: Michael Robert Rawlinson, LEAD ATTORNEY, McGivney & Kluger, New York, NY; David Keith Bertan, Law Office of David K. Bertan, Esq, Bronx, N.Y. USA.

For Yong Wang, aka: Sealed Defendant 11, Jonathan: Barry W. Agulnick, Agulnick & Gogel, LLC, Great Neck, NY; Gregory E. Cooper, Gregory E. Cooper, Esq., New York, N.Y. USA.

For Zhanna Kuznetsova, aka: Sealed Defendant 14, Zhanna Striano, Jane: Anthony Strazza, LEAD ATTORNEY, Anthony Strazza, Esq., Bronx, NY; Lisa Scolari, Law Office of Lisa Scolari, New York, N.Y. USA.

For Natalia Ivanova, aka: Sealed Defendant 16, Natasha: Don D. Buchwald, LEAD ATTORNEY, Law Offices of Don Buchwald, New York, NY; Lily K Francis, Kelley Drye & Warren, LLP (NY), New York, N.Y. USA.

For Christine Gunning, aka: Sealed Defendant 17, Christine Dalaba: Kelley J. Sharkey, Kelley J. Sharkey, Esq., Brooklyn, N.Y. USA.

OPINION

Page 513

DECISION AND ORDER

VICTOR MARRERO, United States District Judge.

In a four-count Superseding Indictment dated October 31, 2013 (the " Indictment" ),

Page 514

a grand jury charged defendant Natalia Ivanova (" Ivanova" ) with conspiring to commit marriage fraud, in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1325(c); conspiring to commit visa, permit and document fraud, in violation of 18 U.S.C. § 371 and 18 U.S.C. § 1546(a); conspiring to transport, harbor and encourage the residence of aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I); and aggravated identity theft, in violation of 18 U.S.C. § 1028A. (Dkt. No. 297.) Trial is scheduled to begin on May 12, 2014.

On April 14, 2014, the Government filed motions in limine requesting that the Court declare certain evidence admissible at trial. (Dkt. No. 386.) Specifically, the Government intends to introduce evidence concerning (1) fake marriages Ivanova allegedly arranged as part of the charged conspiracies other than the 43 marriages previously identified in discovery; (2) items seized from a search of Ivanova's home, which the Government alleges were used in furtherance of the conspiracy; (3) Ivanova's alleged post-arrest attempts to tamper with witnesses; and (4) Ivanova's own allegedly fake marriage. By letter dated April 25, 2014, Ivanova opposes the motion in part. (Dkt. No. 397.)

For the reasons discussed below, the Government's motions in ...


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