Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Kobagaya Motion to Dismiss

Kobagaya Motion to Dismiss

Ratings: (0)|Views: 49|Likes:
Published by Ron Sylvester
Motion by the U.S. to dismiss charges against Lazare Kobagaya.
Motion by the U.S. to dismiss charges against Lazare Kobagaya.

More info:

Published by: Ron Sylvester on Aug 25, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/25/2011

pdf

text

original

 
1
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF KANSASUNITED STATES OF AMERICA, ))Plaintiff, )
 
))v. ) Case No. 09-10005-01-MLB)LAZARE KOBAGAYA, ))Defendant. )____________________________________)
MOTION TO DISMISS THE INDICTMENT
The United States of America, by and through its undersigned attorneys, files this motionto set aside the verdict as to Count Two, and to dismiss the indictment with prejudice. TheDefendant consents to this motion.On January 13, 2009, a grand jury returned an Indictment charging the defendant, LazareKobagaya, with unlawful procurement of citizenship or naturalization (naturalization fraud), inviolation of 18 U.S.C. § 1425(a) (Count One) and fraud and misuse of visas, permits, and otherdocuments (visa fraud), in violation of 18 U.S.C. § 1546(a) (Count Two). On May 31, 2011, the jury returned a guilty verdict on Count Two (18 U.S.C. § 1546(a)) and informed the Court that itwas unable to reach a unanimous verdict on Count One (18 U.S.C. § 1425(a)). The Courtdeclared a mistrial as to Count One.Upon the return of the guilty verdict, the Defendant filed a renewed motion for judgmentof acquittal as to both counts. In the course of responding to that motion and in reviewing therecord in connection with the Defendant’s motion, the Government identified a potential issue
Case 6:09-cr-10005-MLB -DWB Document 409 Filed 08/25/11 Page 1 of 4
 
2
with the clarity of the legal instructions that the jury received regarding whether materiality wasan element of the offense in Count Two and, as set forth in the Government’s recently filedresponse to the Defendant’s motion, identified information provided by a witness which, whenconsidered in conjunction with the lack of clarity in the jury instructions, would likely warrant anew trial on Count Two.Based on the totality of circumstances in this case, including the substantial resourcesrequired to continue to litigate this matter and the jury’s verdict in the first trial, the Governmenthas determined that it would not seek to retry this case. Accordingly, pursuant to Fed. R. Crim.P. 48(a), the Government, with the Defendant’s consent, moves to set aside the verdict in CountTwo and dismiss the indictment with prejudice. In consenting to this motion, the Defendant hasalso waived any right to make any claim for attorney fees or expenses under the HydeAmendment (Public Law 105-119, Title VI § 617, 111 Stat. 2440, 2519 (1997)).Respectfully submitted,LANNY A. BREUERAssistant Attorney GeneralCriminal DivisionTERESA MCHENRYChief Human Rights and Special Prosecutionss/Christina GiffinCHRISTINA GIFFIN DC 476229Senior Trial Attorney(202) 514-5792Christina.Giffin@doj.govROBERT G. THOMSON, OR 80133Deputy Chief (202) 514-5792Robert.Thomson@usdoj.gov
Case 6:09-cr-10005-MLB -DWB Document 409 Filed 08/25/11 Page 2 of 4
 
3
STEVEN C. PARKER, DC 457239Senior Trial Attorney(202) 616-2529Steve.Parker2@usdoj.govHuman Rights and Special ProsecutionsCriminal DivisionDepartment of JusticeJohn C. Keeney Bldg., Suite 20010
th
& Constitution Ave., N.W.Washington, DC 20530Date: August 25, 2011
Case 6:09-cr-10005-MLB -DWB Document 409 Filed 08/25/11 Page 3 of 4

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->