Notice Pursuant to Fed. R. Evid — USA v. Harun (Dkt. 68, S.D. Ga.)

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U.S. District Court for the Southern District of Georgia · No. 3:22-cr-00009-DHB-BKE · Doc. 68 · 2022-10-11 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA 
DUBLIN DIVISION 
 
UNITED STATES OF AMERICA 
 
v. 
 
GLADYS HARUN 
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CASE NO. 3:22-CR-009 
 
 
GOVERNMENT’S SUPPLEMENTAL NOTICE PURSUANT TO  
FED. R. EVID. 404(B) AND SDGA LOCAL RULE 16.2 
 
 
The United States previously gave notice on August 8, 2022, pursuant to 
Federal Rule of Evidence 404(b) and SDGA Local Rule 16.2, of its intent to introduce 
in its case-in-chief evidence of certain crimes, wrongs, and other acts, as well as the 
circumstances and facts surrounding the crimes, wrongs, and other acts, of Defendant 
Gladys Harun.  In particular, the United States identified several false and 
fraudulent PPP and EIDL applications.  See Doc. 32.   
 
The United States supplements its August 8 filing to provide notice that, in 
addition to those items previously listed, the United States intends to introduce in its 
case-in-chief Defendant’s Motion Requesting Appointment of Counsel (“Motion”), 
dated August 29, 2021, in Middle District of Georgia case number 5:21-CV-333-TES.  
In the Motion, Defendant declared falsely that she was indigent and could not work.  
The United States introduced the Motion as an exhibit at Defendant’s detention 
hearing and provided a copy to defense counsel.  See 1:22-MJ-051, doc. 19-13, at 1–2.  
 
The United States will introduce the specified crimes, wrongs, and other act 
evidence in its case-in-chief to show intent, preparation, plan, knowledge, lack of 
accident or mistake, and identity.  By pleading not guilty to Count 1, which charges 
Case 3:22-cr-00009-DHB-BKE     Document 68     Filed 10/11/22     Page 1 of 3

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her with making a false declaration in a motion seeking to avoid the payment of court 
costs, Defendant has made intent a material issue.  United States v. Zapata, 139 F.3d 
1355, 1358 (11th Cir. 1998).  The government, therefore, “may prove [intent] by 
qualifying Rule 404(b) evidence absent affirmative steps by the defendant to remove 
intent as an issue.”  Id.  And Defendant’s “knowing commission” of other, similar 
crimes “logically bear on [her] knowledge” of the crimes charged in the 
indictment.  United States v. Jernigan, 341 F.3d 1273, 1281 (11th Cir. 2003).  This is 
particularly true when the government seeks to introduce evidence of fraudulent 
activity not charged in an indictment alleging fraud.  See, e.g., United States v. White, 
848 F. App’x 830, 841 (11th Cir. 2021) (upholding 404(b) admission of uncharged 
fraudulent activity where evidence showed how Defendant gained knowledge of 
fraudulent practice of overstating his business valuation he later used in charged 
conduct); United States v. Frediani, 790 F.3d 1196, 1202 (11th Cir. 2015) (finding the 
district court did not err in admitting evidence of six additional fraudulent uncharged 
contracts where such evidence was probative of intent since defendant “implied that 
he had only made a mistake”); United States v. Uptain, 552 F.2d 1107, 1107–08 (5th 
Cir. 1977) (affirming admission of extrinsic fraud evidence where it showed 
“knowledge, intent, and a consistent pattern and scheme of operation”). 
 
Alternatively, the United States contends that such evidence is intrinsic 
evidence that does not fall within Federal Rule of Evidence 404(b), since evidence of 
Defendant’s false submissions to courts to avoid payment obligations arose out of the 
same series of transactions as the offense charged in Count One, is necessary to 
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complete the story of the crime, and is inextricably intertwined with the evidence 
regarding the charged offense.  See United States v. Troya, 733 F.3d 1125, 1131 (11th 
Cir. 2013). 
 
Respectfully submitted, this 11th day of October 2022.  
 
 
 
 
 
 
 
DAVID H. ESTES 
 
 
 
 
 
 
UNITED STATES ATTORNEY 
 
/s/ Chris Howard                      . 
Chris Howard 
Assistant United States Attorney 
N.Y. Bar. No. 4935938 
Post Office Box 8970 
Savannah, Georgia 31412 
Telephone Number: 912-652-4422 
 
 
 
 
 
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