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United States v. Natysin

United States District Court, D. Minnesota

July 10, 2018

United States of America, Plaintiff,
v.
Shari Ann Natysin, Defendant.

          ORDER

          Katherine Menendez United States Magistrate Judge.

         This matter is before the Court on the government's and Ms. Natysin's motions for discovery and disclosure. The Court held a hearing on the motions on July 10, 2018. Based on the motions that were filed, the written responses, and the arguments presented at the hearing, the Court enters the following Order.[1]

         1. The Government's Motion for Discovery (ECF No. 5)

         The government's motion for discovery of information pursuant to Rule 16 of the Federal Rules of Criminal Procedure is GRANTED. The defendant shall provide discovery and disclosures as required by the Fed. R. Crim. P. 16.

         2. Ms. Natysin's Motion for Release of Brady Materials (ECF No. 18)

         Ms. Natysin's motion for disclosure of Brady materials is GRANTED. The government is obligated to disclose evidence favorable to the defendants as required by Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and their progeny. These cases place an ongoing obligation on counsel for the government to disclose exculpatory evidence and impeachment material to the defendants.

         3. Ms. Natysin's Motion for Disclosure of Prior Acts (ECF No. 19)

         Ms. Natysin's motion for disclosure of Rule 404(b) evidence is GRANTED. The government shall disclose any evidence it intends to offer at trial pursuant to Fed.R.Evid. 404(b) at least 30 days before trial.

         4. Ms. Natysin's Motion to Retain Rough Notes (ECF No. 20)

         Ms. Natysin's motion for government agents to retain rough notes is GRANTED. Disclosure of rough notes is not required by this Order.

         5. Ms. Natysin's Motion for Disclosure of Experts (ECF No. 21.)

         Ms. Natysin's motion for expert discovery is GRANTED. The government shall make its expert disclosures at least 30 days prior to trial. Any expert disclosures to be made by Ms. Natysin must be completed by two weeks before trial. As discussed at the hearing, the government shall meet and confer with Ms. Natysin at least 30 days prior to trial to discuss whether any forensic accountant, computer technician, or similar specialized witnesses will be called, regardless of whether the government agrees that such a witness is an expert as contemplated by the rules.

         6. Ms. Natysin's Motion for Disclosure of Jencks Act Materials (ECF No. 22)

         Ms. Natysin's motion for early disclosure of Jencks Act material is DENIED. The Jencks Act provides that the government “need not produce Jencks statements prior to a witness' testimony on direct examination.” United States v. Douglas, 964 F.2d 738, 741 & n.2 (8th Cir. 1992) (citing 18 U.S.C. § 3500(b) and discussing the government's option to make earlier voluntary disclosure, such as through an “open file policy”). Given that this is a complex fraud case, the Court encourages the government to disclose Jencks Act material as soon as possible. To ...


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