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Case 1:08-cr-20612-PAS

Document 125

Entered on FLSD Docket 12/03/2008

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UNITED STATES OF AMERICA ) ) Plaintiff, ) vs. ) ) TRAIAN BUJDUVEANU ) ) Defendant. ) ____________________________ ) UNOPPOSED MOTION TO DISCLOSE NAMES OF EXPERT WITNESSES AND SUPPORTING OPINIONS COMES NOW, the defendant, TRAIAN BUJDUVEANU, by and through undersigned counsel who respectfully requests that this Honorable Court enter an order compelling the government to disclose the name of its expert witnesses and opinions and bases therefore, required by Rule 16 of the Federal Rules of Criminal Procedure as well as Rule 701, 702, and 701 et seq. of the Federal Rules of Evidence. As grounds therefore, your undersigned would state the following: 1.

In its initial discovery disclosure the government indicated that certain

experts will be called to testify that a number of parts allegedly sold by the defendant were on the prohibited export lists delineated by the Department of State and the Department of Commerce. 2.

To date the government has not disclosed either names of the experts, their

opinions, or their bases therefore.

Case 1:08-cr-20612-PAS


Document 125

Entered on FLSD Docket 12/03/2008

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The government has an obligation to disclose the names of these witnesses

and their underlying opinions and reports if any, in order to go forward with this case. See United States v. Holland, 223 Fed Appendix 891, 2007 Westlaw 1229042 (11th Cir. 2007) See also United States v. White, 492 F. 3rd 380 (6th Circuit 2007). 4.

Undersigned counsel is unable to proceed with the retention of his experts

concerning their opinions on this matter until he receives the government disclosures. 5.

Your Undersigned has spoken to Assistant United States Attorney, Melissa

Damian, who has no objection to this motion, and who anticipates this disclosure can be made by on or before December 17th, 2008. WHEREFORE, based on the foregoing, undersigned counsel respectfully requests this said motion be GRANTED. Respectfully submitted, s/ *Michael B. Cohen, Esq.* _________________________ Michael B. Cohen, Esq. Florida Bar No: 210196 CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing was furnished via CMECF this December _____, 2008 to all applicable parties. Respectfully submitted, s/ *Michael B. Cohen, Esq.* _________________________ Michael B. Cohen, Esq. Florida Bar No: 210196 6400 North Andrews Ave Ste 460 Fort Lauderdale, Florida 33309 Ph (954) 928-0059 Fax(954)928-0829

doc 125