Cane’s lawyers filed a pretrial motion on September 15th to, among other things, have her trial severed from her co-defendants, arguing that defendants DiScala and Josephberg are allegedly involved in four pump and dump schemes while Cane is only involved with one.
Referencing a Supreme Court case, Zafiro v. United States, Cane’s attorneys cited Rule 14 of the Federal Rules of Criminal Procedure to justify severing her trial:
If the joinder of offenses or defendants in an indictment…appears to prejudice a defendant or the government, the court may order separate trials of counts, sever the defendants’ trials, or provide any other relief that justice requires.
Cane’s camp further contends that most evidence used against DiScala and Josephberg would be irrelevant at her own individual trial, not to mention that DiScala and Cane will “blame the other for at least part of the allegations contained in the indictment…each will effectively act as a second prosecutor at a joint trial.”
In addition to calling for the sever to undermine the arguments against her, she has also asked for the dismissal of the counts against her, stating they are duplicitous. These counts include 1) Conspiracy to Defraud the United States; 2) Attempt and Conspiracy to Commit Mail Fraud; and 4) Manipulative and Deceptive Devices. The counts are felony-level offenses.
Cane is currently in Nevada and required to give 24 hours’ notice before leaving the state. She is due to appear in court on 12/8/2017.