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Home Source documents Court filing — No. 1:24-cr-10178 (Dkt. 51, D. Mass.)

Court filing — No. 1:24-cr-10178 (Dkt. 51, D. Mass.)

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          Case 1:24-cr-10178-FDS Document 51 Filed 11/12/24 Page 1 of 2




                             UNITED STATES DISTRICT COURT
                              DISTRICT OF MASSACHUSETTS

__________________________________________
                                          )
UNITED STATES OF AMERICA                  )
                                          )
      v.                                  )                   Criminal No.
                                          )                   24-10178-FDS
DEAN A. TRAN,                             )
                                          )
            Defendant.                    )
__________________________________________)


    ORDER ON DEFENDANT’S MOTION TO DISMISS COUNTS ONE AND FOUR
          OF THE INDICTMENT ON DOUBLE JEOPARDY GROUNDS

SAYLOR, C.J.

       Defendant Dean Tran has been charged in a five-count indictment with obstruction of

justice in violation of 18 U.S.C. § 1512(c) (Count One) and making false statements in violation

of 18 U.S.C. § 1001(a)(2) (Count Four). He has moved to dismiss these counts, contending that

they are barred under the Double Jeopardy Clause of the Fifth Amendment as a result of his prior

prosecution and conviction for wire fraud and filing false tax returns. For the following reasons,

the motion will be denied.

       The Double Jeopardy Clause prevents a person from being tried or punished twice for the

same conduct. U.S. Const. amend. V (“[N]or shall any person be subject for the same offence to

be twice put in jeopardy of life and limb . . . .”). Defendant asserts that the present prosecution

would constitute a second prosecution for the same offenses tried in Tran I (Docket No. 23-cr-

10299-FDS).

       Tran I involved charges of wire fraud under 18 U.S.C. § 1343 and filing false tax returns

under 26 U.S.C. § 7206(1). This case involves charges of obstruction of justice under 18 U.S.C.
            Case 1:24-cr-10178-FDS Document 51 Filed 11/12/24 Page 2 of 2




§ 1512(c)(2) and making false statements in violation of 18 U.S.C. § 1001(a)(2). Those are

distinct sets of offenses for double jeopardy purposes.

          Offenses are considered distinct, and thus separate prosecutions for each are allowed,

when each offense “requires proof of an additional fact that the other does not.” Blockburger v.

United States, 284 U.S. 299, 304 (1932). The Tran I offenses required proof of defendant’s use

of interstate wires and filing of tax returns, elements that are not a part of the offenses charged in

this case. The obstruction charge in this case requires proving the existence of an official

proceeding, an element not part of either offense charged in Tran I. And in this case, the false

statement charge is based on conduct that is distinct from that which directly supported the false

tax return and wire fraud charges in Tran I, and thus is not barred by the Double Jeopardy

Clause.

          Defendant’s complaints about the likely overlap of evidence between the two cases are

inapposite. The Supreme Court has clearly stated that, “mere overlap in proof between two

prosecutions does not establish a double jeopardy violation.” United States v. Felix, 503 U.S.

378, 386 (1992). Accordingly, defendant’s motion to dismiss Counts One and Four of the

indictment on double jeopardy grounds is DENIED.



So Ordered.


                                                   /s/ F. Dennis Saylor IV
                                                   F. Dennis Saylor IV
Dated: November 12, 2024                           Chief Judge, United States District Court




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