United States District Court, D. Minnesota
Jacqueline Blaesi-Freed, Linda I. Marks, U.S. Department of
Justice, Consumer Protection Branch, and Roger J. Gural, U.S.
Department of Justice, Civil Division, for the United States
S. Friedberg, Joseph S. Friedberg, Chartered, Robert D.
Richman, for Defendant Moran Oz.
JaneAnne Murray, Murray Law LLC, for Defendant Babubhai
Celine Pacyga and Ryan M. Pacyga, Pacyga and Associates, PA,
for Defendant Lachlan Scott McConnell.
L. Gerdts, John C. Brink, for Defendant Elias Karkalas.
E. Ostgard, Ostgard Law Office, Paul Daniel Schneck, Paul
Daniel Schneck, LTD, for Defendant Prabhakara Rao Tumpati.
RICHARD NELSON, United States District Judge
matter is before the Court on the Government's Proposed
Redacted Indictment (“Proposed Indict.”) [Doc.
No. 771] and Defendants' Motion to Redact Indictment To
Go To Jury (“Defs.' Mot. to Redact”) [Doc.
No. 776]. For the reasons set forth below, the Court defers
ruling on what version, if any, of the Proposed Indictment
will go to the jury.
are charged with a variety of crimes related to their alleged
involvement with an online pharmacy, RX Limited.
(See Indict. [Doc. No. 5].) These five Defendants
face over sixty individual counts that involve the Food,
Drug, and Cosmetic Act (“FDCA”), the Controlled
Substances Act (“CSA”), mail and wire fraud,
conspiracy charges related to these statutes, and conspiracy
to launder money. (See Indict.; Proposed Indict.)
However, not every Defendant is charged with each count, nor
even each category of crime. (See Indict.; Proposed
Indict.) The number of Defendants, the number and variety of
counts, and the fact that trial is anticipated to take more
than six weeks, makes this case more complex than many
Government originally filed a motion in which it proposed
removing information about Defendants who are not part of
this trial, eliminating reference to counts which were
previously dismissed, and correcting certain typos in the
Indictment. (See Doc. No. 704.) The Government asked
that this “clean” or “streamlined”
indictment be provided to the jury. (See id. at 1,
3.) Defendants objected to any version of the Indictment
going to the jury. (See Doc. No. 727.)
pretrial conference, the Court granted the Government's
motion in part, ordered that the parties meet and confer
about the content of a streamlined indictment, directed that
the Government submit a proposed streamlined indictment, and
gave Defendants the opportunity to object to its content.
(See Court Minutes dated 1/10/2017 (“Court
Minutes”) at ¶ 6 [Doc. No. 767].) The Government
dutifully filed the Proposed Indictment and Defendants filed
their Motion to Redact, which included a redline version of
the Proposed Indictment showing Defendants' suggested
redactions. (See Doc. Nos. 776, 776-1, 776-2.) The
Government filed a Response to Defendants' Motion to
Redact Indictment (“Gov't's Resp.”) [Doc.
within the discretion of a district court whether to provide
the jury with a copy of the indictment. United States v.
Jorgensen, 144 F.3d 550, 563 (8th Cir. 1998); United
States v. Prange, 771 F.3d 17, 31-32 (1st Cir. 2014);
United States v. Giampino, 680 F.2d 898, 901 n.3 (2d
Cir. 1982); see United States v. Roy, 473 F.3d 1232,
1237 n.2 (D.C. Cir. 2007). Providing a jury with a copy of
the indictment is the common practice of this Court and many
others. See Roy, 473 F.3d at 1237 n.2. This is
especially true in the case of complex trials involving
numerous defendants and charges. See United States v.
Shellef, 732 F.Supp.2d 42, 82 (E.D.N.Y. 2010)
(“Given the number of counts in the indictment and the
complex scheme with which defendant was charged, it was
appropriate for the jury to have a copy of the Indictment in
order to facilitate deliberation.”). Juries are warned
that an indictment is not evidence and should not be
considered as such. See Jorgensen, 144 F.3d at 563;
Prange, 771 F.3d at 32; Model Crim. Jury Instr. 8th
Cir. §§ 1.01 (“You should understand that an
indictment is simply an accusation. It is not evidence of
anything.”), 3.08 (“The Indictment is simply the
document that formally charges the defendants with the crimes
for which they are on trial. The Indictment is not