The indictment adequately apprises Mandell of the charges against him and his motionfor a bill of particulars is DENIED.
I. Validity of the Warrants
There is a “presumption of validity with respect to the affidavit supporting asearch warrant.” Franks, 438 U.S. at 171; see also United States v. Awadallah, 349 F.3d42, 66 (2d Cir. 2003). In certain limited circumstances, however, “a defendant maychallenge the truthfulness of factual statements made in the affidavit, and therebyundermine the validity of the resulting search or seizure.” United States v. Martin, 426F.3d 68, 73 (2d Cir. 2005) (quoting Awadallah, 349 F.3d at 64.) “One such circumstanceis where the affidavit in support of the search warrant is alleged to contain deliberately or recklessly false or misleading information.” United States v. Canfield, 212 F3d 713, 717(2d Cir. 2000).Hearings under Franks are not freely granted. The defendant “must make a‘substantial preliminary showing’ that: (1) the claimed inaccuracies or omissions [in theaffidavit] are the result of the affiant’s deliberate falsehood or reckless disregard for thetruth; and (2) the alleged falsehoods or omissions were necessary to the judge’s probablecause finding.” United States v. Salameh, 152 F.3d 88, 113 (2d Cir. 1998) (citing UnitedStates v. Levasseur, 816 F.2d 37, 43 (2d Cir. 1987)). In Franks the Court explained that,[t]o mandate an evidentiary hearing, the challenger’s attack must be morethan conclusory and must be supported by more than a mere desire tocross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must accompanied by an offer of proof. They should point out specifically the portion of thewarrant affidavit that is claimed to be false; and they should be
Mandell also moves for leave to supplement his motions and to file additional motions based on hisreceipt of additional discovery materials and his “further review of the voluminous materials already provided.” (Notice of Motion ¶ C.) Mandell further requests leave to join any motions made by his co-defendants. (Id.) These requests are premature and they are DENIED.
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