Court filing
Motion in Limine to Prohibit the Government's Use of Evidence — USA v. Thomas et al. (Dkt. 897, N.D. Ga.)
Filed February 4, 2024 in USA v. Thomas et al.; one of 81 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-02-04 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 897 · 2024-02-04 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES )
)
v. )
)
INDICTMENT NO.
CARLA JACKSON,
)
1:20-CR-00296-JPB-CMS-05
Defendant
)
______________________________ )
Motion in Limine to Prohibit the Government’s Use of Evidence During
Trial Related to Roadrunner Automotive Group, LLC
COMES NOW Defendant CARLA JACKSON, by and through
undersigned counsel, and hereby files this “Motion in Limine to Prohibit the
Government’s Use of Evidence During Trial Related to Road Runner
Automotive Group, LLC” (hereafter “Roadrunner”). In support thereof,
Defendant shows as follows:
INTRODUCTION
Defendant Carla Jackson is charged in counts 46 and 47 of the Second
Superseding Indictment (“Indictment) with violations under the money
laundering statute, 18 U.S.C. § 1956(a)(1)(B)(i).1 During trial, the
Government may seek to introduce evidence related to “Roadrunner
Automotive Group, LLC,” a company formed in 2019 (according to Georgia
1 Ms. Jackson is not charged with any of the conspiracy counts in the
Indictment.
Case 1:20-cr-00296-JPB-CMS Document 897 Filed 02/04/24 Page 1 of 11
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Secretary of State records) and which the Government has included as part
of its intended exhibit list for trial. According to the Government’s trial
exhibits, Defendant Carla Jackson and co-defendant John Gaines are shown
as organizers of Roadrunner. John Gaines is also shown as the registered
agent for this company.
In addition to the Georgia Secretary of State records, the
Government’s evidence may include bank statements for Roadrunner,
application materials by Roadrunner for the Paycheck Protection Program,
and additional exhibits and evidence of Whatsapp messages or email
communications about Roadrunner between defendants in this case, notably
between defendants John Gaines and Darrell Thomas.
The Court should prohibit the introduction of any evidence related to
Roadrunner, as such evidence is not relevant to the charges against
Defendant Jackson, and this evidence improperly places her character into
evidence without a finding by this Court that such evidence is admissible as
either intrinsic evidence to the underlying charges or admissible as 404(b)
evidence.2 Defendant Jackson also asserts that the introduction of any
2 The Government has not filed any notice under Rule 404(b) of its intent to
introduce this evidence about Roadrunner against Defendant Jackson.
Case 1:20-cr-00296-JPB-CMS Document 897 Filed 02/04/24 Page 2 of 11
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evidence related to Roadrunner during her trial should be prohibited under a
Rule 403 balancing analysis for unfair prejudice.
Defendant Jackson brings this motion in limine now because of the
recent change of plea entered by codefendant John Gaines before this Court
on January 31, 2024, and after receipt of the Government’s list of expected
exhibits for its case in chief, sent out to all defense counsel on February 1,
2024. Roadrunner-related documents are included in the Government’s
exhibits.
BRIEF FACTUAL BACKGROUND
Ms. Jackson is charged with two counts of money laundering based on
two deposits allegedly made into her company business account
(Management Resource Services, Inc.) on June 8, 2020, for $155,252.50,
and on June 22, 2020, for $179,985.72. According to the Indictment
allegations, the June 8, 2020 deposit was a wire transfer from a bank account
of Gaines Reservation and Travel to a bank account of Management
Resource Services, and the June 22, 2020 deposit was a wire transfer from a
bank account of Gaines Reservation and Travel to a bank account of
Management Resource Services.
The Government alleges that the funds transferred to Defendant
Jackson’s business were from illegally obtained funds by Gaines
Case 1:20-cr-00296-JPB-CMS Document 897 Filed 02/04/24 Page 3 of 11
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Reservation and Travel through the Paycheck Protection Program. The
Government avers (in part) that Defendant Jackson knew of the illegal
source of the funds deposited into her company bank account.
Ms. Jackson denies any such knowledge.
When codefendant John Gaines was still included as part of the group
of defendants proceeding to trial, the Roadrunner documents were arguably
relevant to his charges, but none of the Roadrunner documents are relevant
at all to the charges facing Ms. Jackson in counts 46 and 47, especially since
John Gaines is not proceeding to trial. Their introduction into trial is also
prejudicial to Defendant’s defense under a Rule 403 balancing analysis and
are not admissible as either intrinsic evidence or under Rule 404(b) as “other
acts” evidence.
ARGUMENT AND CITATIONS OF AUTHORITY
I.
THE EVIDENCE IS NOT RELEVANT TO DEFENDANT
JACKSON’S CHARGES
The starting place for evidentiary admissibility is relevance. United
States v. McGregor, 960 F.3d 1319, 1323, 1324 (11th Cir. 2020). Evidence
is “relevant” under Rule 401 of the Federal Rules of Evidence if “it has any
tendency to make a fact more or less probable than it would be without the
evidence” and “the fact is a consequence in determining the action.” Id.,
citing Fed. R. Evid. 401. And under Rule 402, “’[r]elevant evidence is
Case 1:20-cr-00296-JPB-CMS Document 897 Filed 02/04/24 Page 4 of 11
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admissible’ unless provided otherwise by the Constitution, federal statute,
the other Federal Rules of Evidence, or other rules made by the Supreme
Court.” Id, citing Fed. R. Evid. 402. Id.
In the present case, evidence about the company Roadrunner has no
relevance to the charges against Defendant Jackson, or to either of the two
other codefendants proceeding to trial, Teldrin Foster or Jerry Baptiste. The
only two codefendants that Roadrunner evidence could apply to would be
Darrell Thomas and John Gaines, both of whom have entered guilty pleas
and are not at trial.
The Court should prohibit the Government from introducing any
evidence about Roadrunner during trial or making any mention that
Defendant Jackson was involved with Roadrunner in any way. It is not
relevant evidence to Ms. Jackson or to this action.
II.
IF THE COURT DEEMS THE ROADRUNNER EVIDENCE
RELEVANT, IT SHOULD STILL PROHIBIT ITS
INTRODUCTION UNDER A RIULE 403 ANALYSIS
Even if evidence is found to be relevant, a district court may
nonetheless exclude relevant evidence under rule 403 if “its probative value
is substantially outweighed by the danger of … unfair prejudice, confusing
the issues, misleading the jury, undue delay, wasting the time, or needlessly
Case 1:20-cr-00296-JPB-CMS Document 897 Filed 02/04/24 Page 5 of 11
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presenting cumulative to evidence.” United States v. Patrick, 513 Fed. Appx.
882, 886 (11th Cr. 2013), citing Fed. R. Evid. 403.
“The term ‘unfair prejudice,’ as applied to a criminal defendant,
“speaks to the capacity of some concededly relevant evidence to lure the
factfinder into declaring guilt on a ground different from proof specific to
the offense charged.” Id., citing Old Chief v. United States, 519 U.S. 172,
180 (1997). “The primary function of Rule 403 is to exclude evidence of
‘scant or cumulative probative force, dragged in by the heels for the sake of
its prejudicial effect.” Id., citing United States v. McRae, 593 F.2d 700, 707
(5th Cir. 1979).3
In the present case, admission of evidence related to Roadrunner
would unfairly prejudice Defendant Jackson, as it would “lure” the jury into
possibly declaring guilt “on a ground different from proof specific” to the
two charges against Ms. Jackson in counts 46 and 47. Those two counts, and
the underlying evidence anticipated from the Government, have nothing to
do with Roadrunner, and any evidence related to Roadrunner should be
3 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981), the
Eleventh Circuit adopted as binding precedent all decisions of the former
Fifth Circuit handed down before October 1, 1981.
Case 1:20-cr-00296-JPB-CMS Document 897 Filed 02/04/24 Page 6 of 11
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precluded from admission on both relevance grounds and a Rule 403
analysis.
III.
THE GOVERNMENT HAS NOT PROVIDED ANY 404(B)
NOTICE TO DEFENDANT JACKSON THAT IT
INTENDED TO USE EVIDENCE ABOUT ROADRUNNER
DURING TRIAL AGAINST HER
Fed. R. Evid. 404(b) requires that for a prosecutor to admit evidence
at trial of “other crimes, wrongs, or acts” involving a defendant, a prosecutor
must: (A) “provide reasonable notice of any such evidence that the
prosecutor intends to offer at trial, so that the defendant has a fair
opportunity to meet it; (B) articulate in the notice the permitted purpose for
which the prosecutor intends to offer the evidence and the reasoning that
supports the purpose; and (C) do so in writing before trial - or in any form
during trial if the court, for good cause, excuses lack of pretrial notice.” Fed.
R. Evid. 404(b).
The Government has not provided any such notice to Defendant
Jackson in this case about its intent to introduce evidence about Roadrunner
against her at trial. The Government did initially intend to introduce
evidence about Roadrunner against codefendant John Gaines and it filed a
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notice on December 19, 2023 [Doc. 772].4 In its 404(b)-notice filing against
codefendant John Gaines [Doc. 772], the Government states:
The United States gives formal notice of its intent to
offer at trial evidence related to Gaines’ participation in
the preparation and/or submission of fraudulent PPP loan
applications between March 2020 and August 2020 for
businesses other than Gaines Reservation, including
Charles Smith University, Roadrunner Automotive
Group LLC, Main Street Events, Driving Under
Intelligence, 365 Enterprises LLC, and Management
Resource Services. [Doc. 772, p. 2, emphasis added].
When codefendant John Gaines entered a guilty plea on January 31,
2024, right near the start of jury trial, the Government’s need for this 404(b)
evidence evaporated. Defendant Jackson has never received any similar
(prior) notice from the Government that it intended to use the evidence about
Roadrunner against her at trial. Ms. Jackson did not expect to see the
Roadrunner documents (PPP loan applications, bank statements, Whatsapp
and email communications, inter alia) in the Government’s collection of
exhibits for trial, but they still are included.
Defendant Jackson moves, in limine, to prohibit the Government’s use
of any evidence about Roadrunner during trial. The Government did not
provide the required pretrial notice as required under Rule 404(b), and any
4 The Government filed similar 404(b) notices for codefendants Teldrin
Foster and Jerry Baptiste. [Docs. 771, 773].
Case 1:20-cr-00296-JPB-CMS Document 897 Filed 02/04/24 Page 8 of 11
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evidence about Roadrunner against Defendant Jackson is not admissible
under Fed. R. Evid. 404(b) for any purpose under that Rule. Additionally, as
previously argued above, this evidence fails a Rule 403 balancing analysis
and should be excluded at trial.
IV.
EVIDENCE OF ROADRUNNER AUTOMOTIVE GROUP
LLC IS NOT INTRINSIC TO THE CHARGED OFFENSES
AGAINST DEFENDANT JACKSON
Evidence of a defendant’s conduct that is intrinsic to the charged
offenses may be admissible even where it would otherwise be barred by
Rule 404(b). United States v. Wenxia Man, 891 F.3d 1253, 1273 (11th Cir.
2018). “Intrinsic evidence is admissible if it is (1) an uncharged offense
which arose out of the same transaction or series of transactions as the
charged offense, (2) necessary to complete story of the crime, or (3)
inextricably intertwined with the evidence regarding the charged offense.”
Id., citing United States v. Troya, 733 F.3d 1125, 1131 (11th Cir. 2013).
The Government’s use of Roadrunner evidence would not satisfy any
of these considerations as “intrinsic” evidence. John Gaines’ involvement
with PPP loan applications and Roadrunner did not arise out of the same
transaction or series of transactions as the charged offense against Ms.
Jackson (money laundering involving her or the company, Management
Resource Services, Inc.). Roadrunner evidence is unnecessary to complete
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“the story of the crime” and it is not “inextricably intertwined with the
evidence regarding the charged offense.” Again, the charged offense and
allegations of money laundering involve Management Resource Services,
Inc., not Roadrunner Automotive Group, LLC.
Roadrunner evidence is not intrinsic evidence and should not be
admitted during trial.
WHEREFORE, for the reasons stated above, Defendant Jackson
requests that the Court GRANT this motion, prohibit the Government’s use
of any evidence related to Roadrunner Automotive Group LLC during trial,
and grant such other and further relief as is just and proper.
Respectfully submitted this 4th day of February, 2024.
/s/ David D. Marshall
David D. Marshall
Attorney for Defendant
Georgia Bar No. 471517
2550 Sandy Plains Road
Suite 225 PMB 349
Marietta, Georgia 30066
(404) 213-1358 (phone)
ddmarshall98@gmail.com
Case 1:20-cr-00296-JPB-CMS Document 897 Filed 02/04/24 Page 10 of 11
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES )
)
v. )
)
INDICTMENT NO.
CARLA JACKSON,
)
1:20-CR-00296-JPB-CMS-05
Defendant
)
______________________________ )
CERTIFICATE OF SERVICE
This is to certify that the foregoing was formatted in 14-point Times
Roman, in accordance with Local Rule 5.1C, and was electronically filed
this day with the Clerk of Court using the CM/ECF system, which will
automatically send email notification of such filing to the following:
All defense counsel; All AUSA’s of record
This 4th day of February, 2024.
/s/ David D. Marshall
David D. Marshall
Attorney for Defendant
Georgia Bar No. 471517
2550 Sandy Plains Road
Suite 225 PMB 349
Marietta, Georgia 30066
(404) 213-1358 (phone)
ddmarshall98@gmail.com
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