USA v. Coscia, 1:14-cr-00551, No. 96 (N.D.Ill. Dec. 18, 2015)

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USA v. Coscia, 1:14-cr-00551, No. 96 (N.D.Ill. Dec. 18, 2015)

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Case: 1:14-cr-00551 Document #: 96 Filed: 12/18/15 Page 1 of 3 PageID #:2772
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`No. 14 CR. 551
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`Judge Harry D. Leinenweber
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`UNITED STATES OF AMERICA
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`v.
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`MICHAEL COSCIA
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`DEFENDANT’S MOTION FOR JUDGMENT
`OF ACQUITTAL AND FOR A NEW TRIAL
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`Defendant Michael Coscia, by his undersigned counsel, hereby moves for a judgment of
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`acquittal on all charges, or, in the alternative, for a new trial on all charges:
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`1. On November 3, 2015, Mr. Coscia was convicted of commodities fraud, in violation
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`of Title 18, United States Code, Section 1348(1) (Counts 1-6), and “spoofing,” in violation of
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`Title 7, United States Code, Sections 6c(a)(5)(C) and 13(a)(2) (Counts 7-12).
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`2. As explained in the accompanying memorandum, Mr. Coscia is entitled to a judgment
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`of acquittal on all charges because the charges are not legally cognizable and the evidence is not
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`sufficient to sustain Mr. Coscia’s convictions.
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`3. In the alternative, as explained in the accompanying memorandum, a new trial is
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`warranted on all charges because Mr. Coscia’s convictions are against the weight of the
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`evidence, the jury was not properly instructed, and the Government introduced inadmissible,
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`false, and prejudicial testimony.
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`WHEREFORE, Defendant respectfully moves this Court to enter a judgment of acquittal
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`on all charges or, in the alternative, to grant a new trial on all charges.
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`Case: 1:14-cr-00551 Document #: 96 Filed: 12/18/15 Page 2 of 3 PageID #:2773
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`Respectfully submitted,
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`__________
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`/s/Steven R. Peikin
`Steven R. Peikin
`Kenneth M. Raisler
`Karen Patton Seymour
`Kate L. Doniger
`SULLIVAN & CROMWELL LLP
`125 Broad Street
`New York, New York 10004
`(212) 558-4000
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`Dated: December 18, 2015
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`Case: 1:14-cr-00551 Document #: 96 Filed: 12/18/15 Page 3 of 3 PageID #:2774
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 18, 2015, the foregoing was filed electronically with
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`the Clerk of Court to be served by operation of the Court’s electronic filing system upon all
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`attorneys of record.
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`
`Renato Mariotti
`Renato.mariotti@usdoj.gov
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`Sunil R. Harjani
`Sunil.harjani@usdoj.gov
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`/s/ Steven R. Peikin______________
` Steven R. Peikin

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