BOSTON – Lawyers for 14 parents, including actress Lori Loughlin and her fashion designer husband Mossimo Giannulli, urged a federal judge to dismiss the government case against her in the country’s college admissions scandal, arguing that the “prosecutor’s” extraordinary misconduct ” justifies the dismissal.
In a Wednesday filing support an application for dismissal, lawyers Rick Singer, the pioneer of a nationwide licensing program, took his iPhone to his iPhone after talking to FBI investigators in October 2018 about recorded phone calls that he was supposed to pass on to parents.
The defenders argued that the notes prove their clients’ innocence – that parents thought they were making legitimate donations to college programs and not bribing college officials to admit their children to elite colleges. But lawyers said the government “knowingly withheld” the evidence, which was only released last month.
“The extraordinary misconduct by the government justifies an extraordinary relief,” says the request to dimiss. “The facts known so far justify dismissing the indictment. At least the court should order suppression of the corrupt records.”
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The US law firm did not immediately respond to a request for comment.
Loughlin and Giannulli have received multiple federal charges, including fraud, money laundering and bribery, for allegedly paying Singer $ 500,000 to have their two daughters identified as false crew recruits for admission to the University of Southern California.
It’s about Singer’s notes after working with federal investigators in 2018. In a note, Singer wrote that FBI officials were becoming “loud and aggressive” and “continue to ask me to tell a fib” what he told customers before paying into his scheme. He said the FBI wanted him to not repeat what he actually said to his customers – that they were paying for a sports program, not a college coach.
Parents’ lawyers said the notes they took to court on February 27 undermined “one of the government’s most valuable pieces of evidence” – secretly recorded phone calls that the FBI Singer had made with his former clients to admit their crimes .
“The notes state that agents brew Singer and tell him to lie to obtain misleading evidence that is inconsistent with the factual facts that Singer had told the agent,” the request said.
“It is not a pleasure to file a request of this kind. But the government’s exceptional misconduct in this case threatens to seriously harm the defendants and the integrity of the process. This misconduct cannot be ignored.”
The parents’ lawyers said the notes should have been submitted by May 30, 2019. Prosecutors have confirmed that they learned of Singer’s notes during the FBI’s varsity blues screening in October 2018. But at the time, they believed that this was the case with privileged information that was not subject to verification.
Prosecutors said Singer’s lawyers had finally agreed to waive the privileges of the banknotes last month and asked them to hand them over to the defense. Prosecutors said the government would shortly release the remaining content on Singer’s iPhone.
Defense lawyers called this excuse “totally red herring” and argued that the government was obliged to pass on the “substance” of these talks.
“The behavior of the government is particularly worrying because the accused were unable to learn
This information alone, “says the application.” As a cooperating witness, Singer was under state control and is therefore not available to the accused. And the government’s serial misrepresentations of the completeness of its information – towards the accused, this court, and other related proceedings – further aggravate their misconduct. “
Parents are accused of making substantial payments to Singer, a college advisor from Newport Beach, California, in return for mistakenly classing their children as fake sports recruits to take them to reputable universities, or for someone to have theirs College entrance exam results.
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The 14 parents, who are still fighting charges, will appear before US District Judge Nathaniel Gorton in two separate groups before a federal court in Boston in October. Loughlin and Giannulli, as well as other parents accused of bribing the University of Southern California, belong to the first group.
Thirty-two defendants, including 22 parents, out of 53 people accused of admission scandal have pleaded guilty. The last one came on March 13 when David Sidoo, a businessman from Vancouver, Canada, reversed his plea and admitted paying a total of $ 200,000 bribes for someone to secretly take the SAT exam for his sons can increase their test results.
15 of the 17 defendants, including 14 parents, were sentenced to prison terms ranging from two weeks to nine months.
Reach Joey Garrison on Twitter @joeygarrison.