The United States of America respectfully moves to preclude defendant Concord Management and Consulting LLC from making arguments or submitting evidence to the jury regarding assertions of government misconduct, including claims of selective or arbitrary prosecution. Such matters are irrelevant to this case and would create a substantial danger of unfair prejudice, confusion, and delay.
In particular, Concord requests that the Court issue an order precluding the government at trial from:
(1) offering any evidence or argument that the Russian government sponsored or was in any way involved in the conspiracy alleged in the Superseding Indictment (“Indictment”) or that Concord or any of its alleged co-conspirators are connected to the Russian government;
(2) offering any evidence or argument referring to co-defendant Yevgeniy Prigozhin as “Putin’s Chef,” “Putin’s Cook,” or an “oligarch”;
(3) offering any evidence or argument regarding any sanctions imposed on Concord or any of the other Defendants in the case by Department of the Treasury, Office of Foreign Assets Control (“OFAC”) or any other agency;
(4) offering any evidence or argument of Defendants’ alleged involvement in election interference in other countries;
(5) offering any evidence or argument of Concord and/or other Defendants’ lawful conduct;
(6) offering any evidence or argument that Concord and/or other Defendants violated the restrictions on foreign national expenditures; and
(7) offering any evidence or argument regarding any conduct of Concord or its alleged coconspirators beyond the January 2018 end date of the charged conspiracy
Pursuant to the Court’s Scheduling Order, on January 6, 2020, the government provided Concord with its exhibit list. The government’s exhibit list contains documents that the government previously had designated as non-sensitive, intermediate sensitive, and U.S. sensitive pursuant to the Revised Protective Order. Upon inquiry from undersigned counsel, the government stated that it was designating as intermediate sensitive any documents on the exhibit list that the government had previously designated as U.S. Sensitive, and that for those documents previously designated as intermediate sensitive, the government was not changing the designation.