#Sample bill of particulars pdf
#Sample bill of particulars trial

Seven meetings are identified for Count One and five meetings are identified for Count Two. (¶ 1,2,19 and 20) The bill also identifies, separately for each count, the approximate dates and locations of and participants in the meetings 'at various hotels to discuss and fix prices of commodity ferrosilicon products' (silicon metal in Count Two) referred to in paragraphs 4 and 17 of the indictment. (A copy of the Bill of Particulars is attached hereto as Exhibit A.) The bill lists all individual and corporate co-conspirators referred to in each count of the indictment and the approximate date each of them entered the conspiracy. A voluntary Bill of Particulars in response to defendants' requests. Approximately 85 file drawers of documents, which include 15 file drawers produced by defendant SKW, have been made available for inspection and copying ģ. Documents produced in the course of the grand jury investigation which resulted in this indictment, pursuant to Rule 16(a)(1)(C) of the Federal Rules of Criminal Procedure. Statements by the defendants, pursuant to Rule 16(a)(1)(A) of the Federal Rules of Criminal Procedure Ģ. The Government has provided the following voluntary discovery:ġ. At the pretrial conference which followed the arraignment, this Court set a schedule which, among other things, called for all voluntary discovery to be completed by May 30, 1996. Silicon metal is used as an alloying agent in the production of secondary and primary aluminum.ĭefendants entered pleas of not guilty at the arraignment on May 2, 1996. Commodity ferrosilicon products are alloys of iron and silicon, used primarily in the production of steel and cast iron to improve the properties of the finished product such as its strength and corrosion resistance. It alleges, in each count, that for the purpose of forming and effectuating the charged conspiracy, the defendants and co-conspirators met at various hotels to discuss and fix prices of commodity ferrosilicon products (Count One) and silicon metal (Count Two). (SKW) and Charles Zak, its executive vice president, with conspiring to fix prices of commodity ferrosilicon products from late 1989 until mid 1991 and, separately, with conspiring to fix prices of silicon metal from the spring of 1991 until late 1992, in violation of Section 1 of the Sherman Act (15 U.S.C. The two-count felony indictment in this case, which was returned on April 19, 1996, charges SKW Metals & Alloys, Inc. For the above reasons, the Government respectfully requests the Court to deny defendants' motion for particulars beyond those the Government has already provided. Providing such detailed particulars will have the affect of unnecessarily and unfairly restricting the Government's proof at trial.

#Sample bill of particulars trial

They seek to discover all the evidence the Government intends to produce at trial to prove the charges already particularized. These requests call for information substantially beyond what is necessary to satisfy the purposes of a bill of particulars. The Government strongly opposes the defendants' requests which in varying forms call for particulars with respect to all acts in furtherance of the conspiracies charged in this criminal action. Defendants have been sufficiently informed of the nature of the charges against them so that they can prepare their defense, avoid prejudicial surprise at trial and plead double jeopardy as a bar to further prosecution for the same offense. As a result, the recognized purposes of a bill of particulars have been more than satisfied. The Government has already provided substantial information in its voluntary Bill of Particulars and agrees to respond to some of the requests contained in the proposed order attached to defendants' motion papers, as set forth below. The Government submits this memorandum in response to defendants' motion for a further bill of particulars. GOVERNMENT'S MEMORANDUM OF LAW IN RESPONSE TO DEFENDANTS' MOTION FOR A FURTHER BILL OF PARTICULARS

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK For an official signed copy, please contact the Antitrust Documents Group.

#Sample bill of particulars pdf

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