WILLIAM M. SKRETNY, District Judge.
1. Presently before this Court are Defendant Marc Korn's Motions for Joinder in the above captioned cases. For the following reasons, Korn's motions are denied.
2. Rule 13 of the Federal Rules of Criminal Procedure permits a court to order "that separate cases be tried together as though brought in a single indictment . . . if all offenses and all defendants could have been joined in a single indictment." Multiple offenses are properly charged together when they "are of the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan." Fed. R. Crim. P. 8(a). In the Second Circuit, a "commonsense rule" is applied "to decide whether, in light of the factual overlap among charges, joint proceedings would produce sufficient efficiencies such that joinder is proper notwithstanding the possibility of prejudice to . . . the defendant[] resulting from the joinder."
3. In 11-CR-384S, Korn is charged in a 10-count superseding indictment. In the first and second counts, Korn is charged with committing wire fraud in violation of 18 U.S.C. § 1343, in connection with a scheme to defraud the American Friends of Assaf Harofeh Medical Center, between about March 2006 and February 2009. In the third and fourth counts, Korn is again charged with committing wire fraud in violation of 18 U.S.C. § 1343, in connection with a scheme to defraud various leasing entities between about August 2007 and July 2009. In the fifth count, Korn is charged with making a false statement to a bank on February 9, 2008, in violation of 18 U.S.C. § 1014. In the sixth, seventh, eighth, and ninth counts, Korn is charged with failing to pay over to the Internal Revenue Service certain FICA taxes that were due and owing in 2009, in violation of 26 U.S.C. § 7202. In the tenth count, Korn is charged with making a false statement to law enforcement on June 8, 2010, in violation of 18 U.S.C. § 1001(a)(2).
4. In 15-CR-81S, Korn is charged in a 3-count indictment. In the first count, he is charged with making a false material statement under oath on or about July 22, 2014, in violation of 18 U.S.C. § 152(2). In the second count, Korn is charged with making a false material declaration on or about July 15, 2014, in violation of 18 U.S.C. § 152(3). In the third count, Korn is charged with fraudulent concealment, in violation of 18 U.S.C. § 152(7). Each of these counts relates to Korn's alleged conduct in his bankruptcy proceedings pending in this district.
5. Korn seeks consolidation of these two cases on the basis that they are "of the same or similar character" in that both cases involve financial crimes and allegations that Korn made false statements, declarations, and misrepresentations. Korn also notes that the charges in both cases involve conduct committed in the Western District of New York involving certain entities also located in this district. Korn also argues that there is no prejudice to him (because he is requesting joinder) and that the interests of judicial economy weigh in favor of joint trials. He argues that a joint trial will lessen the physical, mental, and financial burdens of trial and will reduce the impact of the trial experience on his poor health and existing medical conditions. Finally, Korn notes that both cases involve a single defendant and that the same defense and prosecution lawyers are involved.
6. The Government opposes Korn's motion. It argues that joinder of 15-CR-81S, which is in its infant stages,
7. Having considered the parties' arguments, this Court will deny Korn's motions to join 11-CR-384S and 15-CR-81S. First, the proffered common link between the two cases that purportedly makes them "of the same or similar character"—that they both involve financial crimes and dishonesty—is too general to warrant joinder under Rule 8(a).
IT HEREBY IS ORDERED, that Defendant's Motions for Joinder (11-CR-384S, Docket No. 251; 15-CR-81S Docket No. 13) are DENIED;
SO ORDERED.