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Home Source documents Court filing — S.D. Ga. No. 4:22-cr-00016 (Dkt. 184)

Court filing — S.D. Ga. No. 4:22-cr-00016 (Dkt. 184)

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     Case 4:22-cr-00016-RSB-CLR Document 184 Filed 04/26/23 Page 1 of 4




               UNITED STATES DISTRICT COURT
               SOUTHERN DISTRICT OF GEORGIA
                    SAVANNAH DIVISION

UNITED STATES OF AMERICA,                 )
                                          )
v.                                        )   CR422-016-1
                                          )
SHAQUANDRA WOODS,                         )
                                          )
     Defendant.                           )
                                          )

                                 ORDER

     Currently before the Court is the Government’s Motion in Limine

to Exclude Defendant Woods’ Self-Authenticating Records.         Doc. 177.

Woods did not respond to the motion. See generally docket; see also S.D.

Ga. L. Crim. R. 12.1. The Government’s Motion was filed in response to

Woods’ Notice, in which she notified the Court and counsel of her intent

to offer at trial seventeen exhibits which she contends are self-

authenticating as publications by a public authority under Federal Rule

of Evidence 902(5). See doc. 177 at 1; see also doc. 171 (Woods’ Notice),

docs. 171-1 – 171-17 (Woods’ exhibits).

     The Government moves to exclude thirteen of Woods’ exhibits

under Federal Rule of Evidence 403. See doc. 177 at 4-7. It groups


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     Case 4:22-cr-00016-RSB-CLR Document 184 Filed 04/26/23 Page 2 of 4




these exhibits into three general categories: “various statutes and

regulations,” 1 or the “Statutes and Regulations” group, “documents

published by the [Small Business Association (“SBA”)] regarding the

[Economic Injury Disaster Loans (“EIDL”)] program,” 2 or the “SBA

Publications” group, and “documents that have nothing to do with the

SBA or EIDL program at all,” 3 or the “Non-EIDL Documents” group.

Id. at 5-6.

      Rule 403 allows for the exclusion of relevant evidence if “its

probative value is substantially outweighed by a danger of one or more of

the following: unfair prejudice, confusing the issues, misleading the jury,

undue delay, wasting time, or needlessly presenting cumulative

evidence.” Fed. R. Evid. 403. The Government argues the probative




1 This category includes legislation of the Coronavirus Aid, Relief, and Economic
Security Act, H.R. 748, 116th Cong. § 1110 (2020), doc. 171-1, five selections from the
Federal Register containing regulations regarding the SBA and EIDL program, doc.
171-2, and the text of 15 U.S.C. § 9009, doc. 171-15.
2 This category includes frequently asked questions from the SBA’s website, docs.

171-3, 171-4, 171-5 and 171-6, three reports from the SBA Office of Inspector General,
docs. 171-10, 171-11, and 171-12, and copies of EIDL documents available for
download through the SBA website, doc. 171-8.
3 This final category includes a copy of Official Form 207, Statement of Financial

Affairs for Non-Individuals Filing for Bankruptcy, doc. 171-14, and a copy of a
publication from the IRS website regarding a 2020 tax filing extension, doc. 171-17.

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    Case 4:22-cr-00016-RSB-CLR Document 184 Filed 04/26/23 Page 3 of 4




value of the thirteen exhibits is substantially outweighed by a danger

that they will confuse the issues or mislead the jury. Doc. 177 at 6-7.

It points out the limited probative value of these documents considering

the conduct charged against Woods in the superseding indictment. Id.

at 6. Compared to that limited probative value, it argues the likelihood

these documents confuse the issues and mislead the jury is substantially

high.    Id. at 6-7.   It points out the confusion that could arise if the

defendant were to introduce the Statutes and Regulations to the jury,

since the Court is responsible for instructing the jury regarding the

applicable law. See id. at 6-7 (citing United States v. Griffith, 2015 WL

471426, at *4 (E.D. Mich. Feb. 4, 2015)).           It also contends the

introduction of the SBA Publications and Non-EIDL Documents would

confuse the issues by putting “the SBA’s administration of the EIDL

program on trial,” which would “overwhelm the jury and sow confusion

about what questions are properly before it.” Id. at 7.

        The Government also moves to exclude Woods’ exhibit comprised of

“the SBA’s internal notes regarding the EIDL ending in -8102,” doc. 171-

16, as incomplete pursuant to Federal Rule of Evidence 106. Doc. 177


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      Case 4:22-cr-00016-RSB-CLR Document 184 Filed 04/26/23 Page 4 of 4




at 8.    However, it indicates it would not object to that exhibit being

offered as authentic under Rule 902 so long as it is offered in full. Id.

        Because Woods did not respond to the Government’s well-supported

and reasoned motion, it is GRANTED, as unopposed. Doc. 177. See,

e.g., United States v. Spencer, 2020 WL 624272, at *2 n.4 (S.D. Ga. Feb.

10, 2020) (granting motion in limine as unopposed). Woods’ exhibits,

which the Government has identified as the “Statutes and Regulations,”

the     “SBA   Publications,”   and    the   “Non-EIDL    Documents”       are

EXCLUDED during the trial of this case pursuant to Federal Rule of

Evidence 403.      Additionally, the incomplete version of “the SBA’s

internal notes regarding the EIDL ending in -8102” is EXCLUDED,

pursuant to Federal Rule of Evidence 106, but Woods remains free to

offer a complete version of that document.

        SO ORDERED this 26th day of April, 2023.


                                      CHRISTOPHER L. RAY
                                        RIST
                                      UNITED STATES MAGISTRATE JUDGE
                                      SOUTHERN DISTRICT OF GEORGIA




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