Pandemic Darlings The pandemic economy, in original documents
Home Source documents Motion for Bill of Particulars — United States v. Nichelle Henson, Criminal No. ELH-21-470 (Dkt. 68, D. Md.)

Motion for Bill of Particulars — United States v. Nichelle Henson, Criminal No. ELH-21-470 (Dkt. 68, D. Md.)

Summary

A motion for a bill of particulars in United States v. Nichelle Henson, Criminal No. ELH-21-470, in the U.S. District Court for the District of Maryland, closing with 'Respectfully submitted,' above the typed name Nichelle Henson. The motion states that the defendant is charged with twelve counts of bank fraud and six counts of false statements, and that the defendant denies the allegations. It asks the Court to order the government to identify the specific false statements on each count, their date, time and place, the people they were made to, the specific loan obtained, the government's evidence and the witnesses with knowledge of the alleged activities. It cites Fed. R. Crim. P. 7(f) and United States v. Williams, 504 F.2d 1047 (9th Cir. 1974), among other cases. The opening line keeps the placeholder '[Defendant's Name]'.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                              UNITED STATES DISTRICT COURT
                              FOR THE DISTRICT OF MARYLAND

 UNITED STATES OF AMERICA                   )
                                            )
                  V.                        )      Criminal No. ELH-21-470
                                            )
 NICHELLE HENSON                            )
                                            )




                            Motion for Bill of Particulars

The Defendant, [Defendant's Name], by and through his attorneys, hereby files this
Motion for Bill of Particulars.

The Defendant is charged with twelve counts of bank fraud and six counts of false
statements. The Government's Indictment alleges that the Defendant made false
statements to a bank in order to obtain a loan. The Defendant denies these allegations.

Nichelle Henson, the defendant, is requesting a bill of particulars asking the prosecutors
to provide sufficient evidence that she committed bank fraud or knowingly made false
statements.

In order to prepare for trial, the Defendant needs more information about the
Government's case. The Defendant respectfully requests that the Court order the
Government to provide the following information in a bill of particulars. The bill of
particulars should clarify the following:

   x   The specific materially false statements that the Defendant is alleged to have
       made on each count.
   x   The date, time, and place of the alleged false statements.
   x   The identity of the person or persons to whom the Defendant is alleged to have
       made the false statements to.
   x   The specific loan that the Defendant is alleged to have obtained by making false
       statements.
   x   The specific evidence that the Government has that the Defendant made false
       statements.
   x   The names of any witnesses or other persons that can support the opposing
       part s allegations and their relationship to the case.
   x    Any documentary or physical evidence that the opposing party has to support
       their allegations, including bank records, emails, statements, wire transfers, or
       other relevant material.
   x   Any other specific details or information that the opposing party can provide
       regarding the alleged fraudulent activities.
   x   The identities of all witnesses or other persons who have knowledge of the
       alleged criminal activities, which could include bank employees, customers or
       clients involved in the transactions, and other individuals who had knowledge of
       the matter.

The Defendant believes that this information is necessary to prepare for trial. The
Defendant respectfully requests that the Court order the Government to provide this
information in a bill of particulars.

Respectfully submitted,

Nichelle Henson

Case Law

   x   Fed. R. Crim. P. 7(f)
   x   United States v. Williams, 504 F.2d 1047 (9th Cir. 1974)
   x   United States v. Jackson, 520 F.2d 1032 (5th Cir. 1975)
   x   United States v. Brown, 527 F.2d 1232 (8th Cir. 1976)

The case law cited above supports the Defendant's request for a bill of particulars. In
Williams, the Ninth Circuit held that a defendant is entitled to a bill of particulars in a
bank fraud case. In Jackson, the Fifth Circuit held that a defendant is entitled to a bill of
particulars in a false statements case. In Brown, the Eighth Circuit held that a defendant
is entitled to a bill of particulars in a case where the government is alleging that the
defendant made false statements to a bank.

The Defendant respectfully requests that the Court order the Government to provide the
requested information in a bill of particulars.

File and source

File
gov.uscourts.mdd.504329.68.0.pdf
Size
139,478 bytes
SHA-256
3d844b80a469b02401661c7bb96c39e6dabcd9fe8c31c61aa6e401db7b28fe54
Our copy
gov.uscourts.mdd.504329.68.0.pdf
Original
archive.org
Back to top