Moira Penza makes the closing arguments for the prosecution.

The Possibility of Another Superseding Indictment

For readers who question us about when the superseding indictment is coming – if it is coming – I think what Assistant US Attorney Moira Penza told Judge Nicholas Garaufis at a status conference on January 9, 2019, holds true today.

Penza told Judge Garaufis:

“The government continues to expect a superseding indictment in this case. Of course, we can’t promise a superseding indictment

“… There are a number of factors that are weighing into the timing considerations for a superseding indictment. Obviously, the government is cognizant of the trial date that is set as of now and we are moving expeditiously. One of the items that is in play is the privilege, the discussions regarding privilege as to a number of documents, a number of email communications that the government believes are relevant to our superseding indictment, and so one of the things that we are waiting for is resolution of a number of these privilege issues.

“In addition, there are always other complications with superseding indictments, but we do anticipate having one. We just can’t give the Court a precise date, but we do understand the benefit to the Court of having that type of certainty. We just can’t provide it at this time.”


I think the critical language here is:  “The government continues to expect a superseding indictment in this case….  we do anticipate having one.”

Sources tell me that the government is actively investigating this matter. Two new attorneys have been added to the prosecution team in recent monhs.

If the trial date is presently set for the end of April, I would predict that the superseding indictment will have to come sometime in March before the nitty gritty arrangements for trial get down to hard dates – and the release of material from the prosecution to the defense.

A superseding indictment almost certainly will result in the trial being pushed back until after the summer.

The government now says its expects their case to take at least 5 weeks to conduct – not counting the defense’s case. Judge Garaufis does not conduct trials in the summer.

I anticipate a trial in October.





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Frank Parlato


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