Nos. 05CR393(DC), 05CR397(DC).

411 F.Supp.2d 428 (2006)

UNITED STATES of America v. David FINNERTY, Defendant. United States of America v. Thomas J. Murphy, Jr., Defendant.

United States District Court, S.D. New York.

January 27, 2006.

Attorney(s) appearing for the Case

Michael J. Garcia, United States Attorney for the Southern District of New York by Lauren Goldberg, Esq., Anthony Barkow, Esq., Assistant United States Attorneys, New York City, for the United States.

Hafetz & Necheles by Frederick P. Hafetz, Esq., New York City, for Defendant David Finnerty.

Morvillo, Abramowitz, Grand, Iason, & Silberberg by Robert G. Morvillo, Esq., Gregory Morvillo, Esq., New York City, for Defendant Thomas J. Murphy, Jr.


CHIN, District Judge.

Defendants David Finnerty and Thomas J. Murphy, Jr., move for an order compelling discovery pursuant to Federal Rule of Criminal Procedure 16. For the reasons that follow, the motion is granted in part and denied in part.


A. The Facts

The facts, as alleged in the Indictments, 05 Cr. 393 and 05 Cr. 397, are as follows:


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