RE: Perspective14 Oct 2019 17:43
I am of the opinion the Motion to Dismiss will be
more on legal and technical arguments in respect of the process as opposed to no case to answer toe basis for the indictment ...
Think this doc, albeit redacted, gave me this impression..
WESTERN DISTRICT OF VIRGINIA ABINGDON
UNITED STATES OF AMERICA )
INDIVIOR PLC
v.
) UNDER SEAL
INDIVIOR INC. (a/k/a Reckitt Benckiser Pharmaceuticals Inc.) and )
UNITED STATES’ SUR-REPLY REGARDING INDIVIOR’S MOTION TO DISMISS THE INDICTMENT
The United States of America (“United States”) sur-replies to the “Reply Memorandum in Support of Motion to Dismiss the Indictment for Compound Grand Jury Misconduct” (Doc. 134) (“Reply”) of Defendants Indivior Inc. (a/k/a Reckitt Benckiser Pharmaceuticals Inc.) and Indivior plc (collectively, “Indivior”) as follows.
Indivior’s assertion that “‘the grand jury’ that returned the purported ‘superseding indictment’ was not the . . . grand jury that returned the original
Indictment,” Reply at 4 (emphasis omitted), is inaccurate.
Indivior’s suggestion that the grand jury panel did not have “before it any of the evidence that the prosecutors collected by using the compulsory power of
other grand juries,” Reply at 3, is inaccurate.
)
)
)
Case No. 1:19-cr-00016
Case 1:19-cr-00016-JPJ-PMS Document 158 Filed 09/20/19 Page 1 of 5 Pageid#: 1349
Indivior’s contention that the United States played a “shell game . . . with grand juries in this District” by using them “interchangeably for years as a tool to gather evidence for the convenience and purposes of the government, all the while preventing any opportunity for any of [them] to consider independently whether that evidence supports or precludes an indictment,” Reply at 3-4, is inaccurate.
Case 1:19-cr-00016-JPJ-PMS Document 158 Filed 09/20/19 Page 2 of 5 Pageid#: 1350
Because Indivior’s argument is based on inaccuracies, its cases are not on-point. For instance, in United States v. Leeper, No. 06-cr-58A, 2006 WL 1455485, at *4 (W.D.N.Y. May 22, 2006), cited in Indivior’s Reply at 5, n. 7, the court addressed a situation in which, during a trial, the government presented a new grand jury panel with a superseding indictment, instructing the panel that its role was merely to correct an omission in paperwork, and providing it with minimal evidence. That is not analogous.
Indivior’s attempt to distinguish Mills is misguided. In Mills, the Fourth Circuit stated:
When viewed after a petit jury guilty verdict, all doubt vanishes about whether a reasonable grand jury could find probable cause that a crime was committed. . . . However, prior to submitting the case to the petit jury, the inquiry is admittedly less certain, but by no means unmanageable. When reviewing the evidence prior to a verdict, the court need not decide with certainty whether the accused is guilty or innocent. The court need only concern itself with whether a reasonable grand jury could have concluded a crime had been c