Government's Opposition to Motion to Dismiss - Page 3
been joined with the first or the second Indictments, but were delayed at KM’s attorneys’ requests, so that KM could negotiate a pre-indictment plea of guilty. 9.
Count One of the third Indictment charged Brown with violations of 18 U.S.C. §§ 1519 and 2. Section 1519 provided that [w]hoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. (Underlined for comparison) 10.
Count One of the third Indictment tracked the statutory language and stated as follows: On or about March 6, 2012, in the Dallas Division of the Northern District of Texas, the defendant Barrett Lancaster Brown, aided and abetted by KM, did knowingly conceal tangible objects, namely two laptop computers containing records, documents, and digital data, with the intent to impede, obstruct, and influence the investigation and proper administration of any matter within the jurisdiction of any department and agency of the United States, and in relation to and in contemplation of any such matter, in that Barrett Lancaster Brown and KM concealed two laptop computers in KM’s residence in the Northern District of Texas prior to the execution of a search warrant at KM’s residence, said search warrant having been issued by a United States Magistrate Judge in the Dallas Division of the Northern District of Texas, and the execution of the search warrant was in relation to an investigation conducted by the Dallas Division of the Federal Bureau of Investigation, an agency of the United States Department of Justice. (Underlined for comparison) 11.
The essential elements of 18 U.S.C. § 1519 are as follows: FIRST: that the defendant altered, destroyed, mutilated, concealed, covered up, falsified, or made a false entry in any record, document, or tangible object;
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