United States District Court, D. Massachusetts
MEMORANDUM AND ORDER DENYING MOTIONS TO
ALLISON D. BURROUGHS U.S. DISTRICT JUDGE
Evangelista, Girardin, and Liberatore were indicted for an
alleged conspiracy to transport stolen razor blades in
interstate commerce. Additionally, Girardin and Liberatore
were indicted for interstate transportation of stolen razor
blades and filing false tax returns. Currently pending before
the Court are two motions to sever. For the reasons set forth
below, the motions to sever are denied.
following facts are drawn from the indictment [ECF No. 27].
indictment alleges that Defendant Evangelista, while working
for Gillette, stole razor blades from his employer and
delivered them to Defendants Girardin and Liberatore.
Girardin and Liberatore then allegedly sold the razor blades
online through a business entity known as “Cambridge
Dedicated Services.” They sold the razor blades to
customers outside of Massachusetts, received payment via
PayPal, and then used the United States Postal Service to
ship the razor blades to the out-of-state customers.
and Liberatore allegedly sold a total of $208, 944.10 worth
of stolen razor blades to customers outside of Massachusetts.
Cambridge Dedicated Services also sold other items through
eBay, in addition to the Gillette razor blades, generating
gross receipts of approximately $725, 000 in 2010, and
approximately $369, 000 in 2011.
addition to the charges related to the transportation of
stolen razor blades, the indictment claims that Girardin and
Liberatore each filed individual tax returns in 2010 and 2011
which did not include any information about Cambridge
Dedicated Services. Girardin and Liberatore were required to
report to the IRS any profit or loss from each of their
businesses, including their share of Cambridge Dedicated
Services' gross receipts.
April 12, 2017, Girardin filed a motion to sever the charges
involving transporting stolen razor blades from the charges
concerning false tax filings [ECF No. 56], which Liberatore
joined [ECF No. 59]. On April 18, 2017, Evangelista filed a
motion to sever his trial from that of Girardin and
Liberatore. [ECF No. 60]. The Government opposes both
motions. [ECF Nos. 63, 64].
Girardin's and Liberatore's Motion to Sever Tax
and Liberatore argue that the charges concerning allegedly
false tax returns were not properly joined with the charges
concerning transporting stolen razor blades, and thus the
tax-related charges must be severed. Joinder of offenses is
governed by Fed. R. Crim. P. 8(a), which provides:
The indictment or information may charge a defendant in
separate counts with 2 or more offenses if the offenses
charged-whether felonies or misdemeanors or both-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.
Id. “Rule 8(a)'s joinder provision is
generously construed in favor of joinder, ” United
States v. Randazzo, 80 F.3d 623, 627 (1st Cir. 1996),
and “obvious considerations of judicial economy support
trying all related counts against the same defendant at one
time, ” United States v. Alosa, 14 F.3d 693,
695 (1st Cir. 1994). Rule 8(a) permits joinder of multiple
offenses in one of three situations; if the offenses are (1)
“of the same or similar character, ” (2)
“based on the same act or transaction, ” or (3)