ederal Rule of Criminal Procedure 7(f) provides that the Court may direct the filing of a bill of particulars upon the motion of a defendant. The purpose of a bill of particulars is to apprise the defendant of the nature of the charges, in such a way, so as to ensure that he: (1) understands the charges, (2) can prepare a defense, (3) can avoid prejudicial surprise at trial, and (4) can be possible be protected against retrial for the same offense. United States v. Butler, 822 F. 2d 1191 (D.C. Cir. 1987); See, e.g., United States v. Ramirez, 602 F. Supp. 783, 793 (S.D.N.Y. 1985). The determination as to whether a bill of particulars should be provided is within the discretion of the trial court. United States v. Butler, 822 F. 2d at 1194.

Case Specific

In the present case, Defendant John Doe is charged in Count One of the above captioned indictment with Conspiracy to Distribute 50 Grams or More of Cocaine Base in violation of 21 U.S.C. §846. Count One alleges that the Conspiracy existed from “on or about May 30, 2019, to on or about January 15, 2021”. However, Count One fails to state any of the alleged overt acts necessary to support the government’s charge that a conspiracy existed and that Defendant John Doe was involved in it. In addition, other than Count One, Mr. Doe’s only other charges stem from transactions which allegedly occurred between January 8, 2021, and January 15, 2021 (Counts 7, 9, 10 and 12). Further, in all but the last of the alleged transactions, Mr. Doe is charged alone. Therefore, the information sought by this Motion For Bill Of Particulars is absolutely necessary to permit Mr. Doe to adequately prepare a defense to the conspiracy alleged in Count One.

A motion for a Bills of Particulars can be a powerful pre-trial motion. However, our research shows they are not used nearly enough at the inception of criminal litigation. A Bill of Particulars may work in conjunction with a motion to dismiss the indictment or counts, strengthen plea negotiations, or aid in the decision to plead or go to trial.

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