PLATT & BUESCHER

 Attorneys at Law

MOTION FOR BILL OF PARTICULARS/ROSENAU-1 P.O. Box 727

No. CR06-157MJP Coupeville, WA 98239

Phone: (360) 678-6777

 Fax: (360) 678-0323

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The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

STATE OF WASHINGTON, 

Plaintiff,

v.

HENRY ROSENAU

Defendant.

No. CR06-157MJP

MOTION FOR BILL 

OF PARTICULARS

Noted on Motion Calendar: 

September 16, 2011

I. MOTION FOR BILL OF PARTICULARS

The Defendant, Henry Rosenau, by and through his attorney, Craig Platt, respectfully 

moves this Court, pursuant to Federal Rule of Criminal Procedure 7(f), to direct the Government 

to supply the following particulars in reference to the Superseding Indictment filed in the above 

captioned case on September 17, 2008:

1. With respect to Counts One and Two, the date of the earliest statement and/or event 

upon which the prosecution will rely to prove that the conspiracy existed.

2. With respect to Counts One and Two, the nature of any and all statements and/or 

events upon which the prosecution intends to rely to prove that the conspiracy existed.

Case 2:06-cr-00157-MJP Document 31 Filed 09/06/11 Page 1 of 6
PLATT & BUESCHER

 Attorneys at Law

MOTION FOR BILL OF PARTICULARS/ROSENAU-2 P.O. Box 727

No. CR06-157MJP Coupeville, WA 98239

Phone: (360) 678-6777

 Fax: (360) 678-0323

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3. With respect to Counts One and Two, the date and nature of the earliest statement 

and/or event upon which the prosecution will rely to establish when each defendant joined the 

conspiracy.

4. With respect to Counts One and Two, the date and nature of the earliest statement 

and/or event upon which the prosecution will rely to establish when Henry Rosenau joined the 

conspiracy.

5. With respect to Counts One and Two, the names of all members of the conspiracy, the 

nature of the activities in which they engaged which constituted an overt act, and the nature of 

the criminal activity in which they engaged in furtherance of the conspiracy.

It is respectfully requested that the Court grant this Motion For Bill of Particulars.

DATED this 6th day of September, 2011.

Respectfully submitted,

PLATT & BUESCHER

s/Craig Platt_______________

Craig Platt

Attorney for Defendant

WSBA #12396

Case 2:06-cr-00157-MJP Document 31 Filed 09/06/11 Page 2 of 6
PLATT & BUESCHER

 Attorneys at Law

MOTION FOR BILL OF PARTICULARS/ROSENAU-3 P.O. Box 727

No. CR06-157MJP Coupeville, WA 98239

Phone: (360) 678-6777

 Fax: (360) 678-0323

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II. LAW AND ARGUMENT

Federal Rule of Criminal Procedure 7(f) provides that the court may direct the 

government to file a bill of particulars. Fed. R. Crim. P. 7(f). A bill of particulars serves 

three functions: (1) “to inform the defendant of the nature of the charge against him with 

sufficient precision to enable him to prepare for trial”; (2) “to avoid or minimize the danger of 

surprise at the time of trial”; and (3) “to enable him to plead his acquittal or conviction in bar of 

another prosecution for the same offense when the indictment itself is too vague, and indefinite 

for such purposes.” U.S. v. Ayers, 924 F.2d 1468, 1483 (9th Cir. 1991)(quoting United States v. 

Giese, 597 F.2d 1170, 1180 (9th Cir. 1979). A court must consider whether the indictment and 

all other disclosures made by the government adequately advise the defendant of the charges 

against him. United States v. Long, 706 F.2d 1044, 1054 (9th Cir. 1983)(citing Giese, 597 F.2d at 

1180). The need for a bill of particulars is not met unless the defendant is otherwise made aware 

of the theory of the government’s case. United States v. Ryland, 806 F.2d 941, 942 (9th Cir. 

1986).

A number of courts have recognized that a bill of particulars may be needed in factually 

complex or multi-defendant cases to provide defendants with the details of the charge to enable 

them to prepare a defense. See United States v. Carrier, 672 F.2d 300, 303 (2d Cir. 1982)(“[a]

bill of particulars...may provide the defendant with the evidentiary details needed to establish his 

defense”); United States v. Inryco, Inc., 642 F.2d 290, 295 (9th Cir. 1981)(holding bill of 

particulars is “intended to supplement the indictment by providing more detail of the facts upon 

which the charges are based”); United States v. Colson, 662 F.2d 1389, 1391 (11th Cir. 1981) 

(determining purpose of bill of particulars is to inform defendant of charges in sufficient detail to 

enable adequate defense preparation); United States v. Tanner, 279 F. Supp. 457, 465 (N.D. Ill. 

Case 2:06-cr-00157-MJP Document 31 Filed 09/06/11 Page 3 of 6
PLATT & BUESCHER

 Attorneys at Law

MOTION FOR BILL OF PARTICULARS/ROSENAU-4 P.O. Box 727

No. CR06-157MJP Coupeville, WA 98239

Phone: (360) 678-6777

 Fax: (360) 678-0323

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1967)(holding in case involving intricate facts, “an indictment may be sufficient to withstand a 

motion to dismiss, and yet insufficiently inform the defendant of the specific facts of the alleged 

offenses”).

A Bill of Particulars is especially critical in a complex conspiracy case. See, e.g., United 

States v. Ramirez, 54 F. Supp. 2d 25, 30(D.D.C. 1999)(requiring government to disclose names 

of all coconspirators, dates and locations of all meetings, and approximate date on which each 

defendant allegedly joined conspiracy and stating that a “bill of particulars is all the more 

important in a narcotics conspiracy case” because overt acts are not required to be charged); 

United States v. Walker, 922 F. Supp. 732, 740 (N.D.N.Y. 1996)(holding three of eight 

defendants entitled to bill of particulars regarding types of narcotics stored and transported and 

dates on which transportation and storage took place); United States v. Oakar, 924 F. Supp. 232, 

246 (D.D.C. 1996)(finding it necessary for defense that defendant be provided with identities of 

unnamed coconspirators); United States v. Strawberry, 892 F. Supp. 519, 527 (S.D.N.Y. 1995) 

(requiring government to provide names of coconspirators and dates defendants and 

coconspirators who joined and left conspiracy); United States v. Fine, 413 F. Supp. 740, 745-46 

(W.D. Wis. 1976) (determining conspiracy defendant’s requests were proper matter for inclusion 

in bill of particulars); United States v. Tanner, 279 F. Supp. 457, 473-78 (N.D. Ill. 1967)

(allowing broad, comprehensive particulars as to each and every aspect of alleged conspiracy). 

In the present case, Mr. Rosenau is charged in Count One of the above captioned 

indictment with Conspiracy to Import Marijuana in violation of 21 U.S.C. §812, and in Count 

Two with Conspiracy to Distribute Marijuana. Both Counts One and Two allege that the

Conspiracy existed: “Beginning at a time unknown, but within the last five (5) years, and 

continuing through on or about September 21, 2005, within the Western District of Washington, 

Case 2:06-cr-00157-MJP Document 31 Filed 09/06/11 Page 4 of 6
PLATT & BUESCHER

 Attorneys at Law

MOTION FOR BILL OF PARTICULARS/ROSENAU-5 P.O. Box 727

No. CR06-157MJP Coupeville, WA 98239

Phone: (360) 678-6777

 Fax: (360) 678-0323

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and elsewhere...” However, both Counts One and Two fail to state any of the alleged overt acts 

necessary to support the government's charge that a conspiracy existed and that Mr. Rosenau was 

involved in it. In addition, other than Counts One and Two, Mr. Rosenau’s only other charge 

stems from a transaction which allegedly occurred September 21, 2005 (Count 3). Further, Mr. 

Rosenau is charged alone. Therefore, the information sought by this Motion For Bill Of 

Particulars is absolutely necessary to permit Mr. Rosenau to adequately prepare a defense to the 

conspiracy alleged in Count One.

WHEREFORE, it is respectfully requested that this Motion For Bill Of Particulars be 

granted.

 DATED this 6th day of September, 2011.

Respectfully submitted,

PLATT & BUESCHER

s/Craig Platt_______________

Craig Platt

Attorney for Defendant

WSBA #12396

P.O. Box 727

Coupeville, Washington 98239-0727

Telephone: (360) 678-6777

Fax: (360) 678-0323

Email: craig@plattbuescher.com

Case 2:06-cr-00157-MJP Document 31 Filed 09/06/11 Page 5 of 6
PLATT & BUESCHER

 Attorneys at Law

MOTION FOR BILL OF PARTICULARS/ROSENAU-6 P.O. Box 727

No. CR06-157MJP Coupeville, WA 98239

Phone: (360) 678-6777

 Fax: (360) 678-0323

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CERTIFICATE OF SERVICE

I hereby certify that on 9/6/2011, I electronically filed the foregoing with the Clerk of the 

Court using the CM/ECF system which will send notification of such filing to the attorney(s) of 

record for the defendant(s). I hereby certify that I have served the attorney(s) of record for the 

defendant(s) that are non CM/ECF participants via telephax. 

s/Craig Platt_______________

Craig Platt

Attorney for Defendant

WSBA #12396

P.O. Box 727

Coupeville, Washington 98239-0727

Telephone: (360) 678-6777

Fax: (360) 678-0323

Email: craig@plattbuescher.com 

 

 

 

 

Case 2:06-cr-00157-MJP Document 31 Filed 09/06/11 Page 6 of 6