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Grand Jury proceedings are deemed defective


It is alleged in this action that the criminal offenders entered into a bid-rigging method with the supervising buyer, whereby the distributor company would be awarded a number of contracts to sell hardware items even though they were not the lowest qualified bidder for those contracts. The supervising buyer allegedly wrongfully recommended the award of the contracts to the distributor company. When the distributor company obtained the contracts, the transportation company paid an amount in excess of fifteen hundred dollars over what they would have paid, had the true lowest qualified bidder received the award for the contracts.
A total of eleven contracts were awarded to the distributor company pursuant to the alleged agreement between the president of the distributor company and the supervising buyer. But, certain of the contracts still in effect when they were cancelled by the transportation company.
The charges were then filed and the offenders were arraigned. Consequently, the offenders were charged with the crimes of conspiracy in the fifth degree, grand larceny in the second degree and conspiracies to prevent competitive bidding on public contracts.

Later, the offenders moved for the dismissal of count one of the indictments upon the grounds that the count was untimely and in violation of the statute of limitations.

As a result, the district attorney’s office approved the dismissal of the conspiracy count and moved for such dismissal against all offenders. Further, there was no objection and count one was then dismissed.

Subsequently, after reviewing the grand jury minutes, the court denied the offender’s motion to dismiss the charges for insufficiency of the evidence. Petit Larceny was asked.

The offenders also move for re-inspection of the grand jury minutes and for the dismissal of the remaining counts of the indictment on the ground that the proceedings were rendered defective by submission of a time-barred offense and evidence of same, which was legally deficient. They further move for an order dismissing count eighteen, entitled conspiracies to prevent competitive bidding on public contracts, on the grounds that it is time-barred and that the controlling law is confusing to the grand jurors. The offenders also alleged that it violates due process of law for failure to provide the offenders with adequate notice of the charges against them. Robbery was not charged.

The offenders contend that the evidence submitted to the grand jury including evidence pertaining to a count that has been dismissed, and that such submission rendered the proceedings defective. Sources revealed that during the grand jury proceedings, the complainant presented evidence of thirty three separate evident acts that they claim were committed by the offenders in furtherance of a conspiracy. The alleged acts were related to a charge of conspiracy, which was originally contained in count one of the indictment, but has since been dismissed by the court as time-barred. The offenders argue that submission of the evident acts irreparably impaired the trial.

The court consequently found no legal irregularity in submission to the grand jury of evidence pertaining to a charge that has been dismissed subsequent to the grand jury presentation.
Based on records, accused persons may avail themselves of the statute of limitations but courts of justice will not nullify an indictment because it appears on its face that it was not found within the period prescribed in the limitation, as such a proceeding would deprive the prosecution of the right to reply or give evidence, as the case may be, that the offender fled from justice.

Sources revealed that evidence of a legally defective conspiracy count may be used to show that the offenders were acting in concert.

For that reason, the court denied the offender’s motions in all respects.

Because of difficulty in earning enough money, some people engage in a wrongful action. If you got involved with robbery, you can ask legal guidance from the Kings County Criminal Attorney. You can also seek assistance and legal representation from the Kings County Grand Larceny Lawyer at Stephen Bilkis and Associates.

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