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Case 8:18-cr-00012-TDC Document 112 Filed 10/24/19 Page 1 of 4

UNITED STATES DISTRICT COURT


DISTRICT OF MARYLAND

UNITED STATES OF AMERICA

v.
Criminal Action No. TDC-18-0012
MARK T. LAMBERT,

Defendant.

ORDER

For the reasons stated on the record during the October 23, 2019 hearing, it is hereby

ORDERED that:

1. The Government's Unopposed Motion for Leave to File a Memorandum in Support

of its Omnibus Motion in Limine in Excess of 35 Pages, ECF No. 72, is

GRANTED.

2. Defendant Mark T. Lambert's Motion for Bill of Particulars Regarding the Second

Superseding Indictment, ECF No. 91, is DENIED.

3. Lambert's Motion in Limine to Exclude Certain Foreign Documents, ECF No. 94,

is DENIED.

4. Lambert's Motion in Limine to Exclude the Testimony of Robert J. Hanratty, ECF

No. 74, is GRANTED IN PART and DENIED IN PART. The Motion is

GRANTED in that the witness may not reference or testify regarding Russian

organized crime or the three stages of money laundering as a continuum. The

Motion is otherwise DENIED.

5. Lambert's Motion in Limine to Exclude the Testimony of Anne M. Harrington,

ECF No. 75, is DENIED.


Case 8:18-cr-00012-TDC Document 112 Filed 10/24/19 Page 2 of 4

6. The Government's Motion in Response to Defendant's Notice to Introduce Expert

Eileen Supko, ECF No. 110, is DENIED.

7. The Government's Omnibus Motion in Limine ("Omnibus Motion" or "the

Motion"), ECF No. 73, is GRANTED IN PART and DENIED IN PART.

Specifically:

a. As to issue II of the Omnibus Motion, ECF No. 73-1 at 11, regarding Special

Counsel Robert Mueller's Investigation and other topics, the Motion is

GRANTED.

b. As to issue III of the Omnibus Motion, ECF No. 73-1 at 12, regarding evidence

and argument relating to the Government's investigation, the Motion is

DENIED to the extent that the Government seeks a general bar on evidence,

questioning, or argument about alleged deficiencies in the Government's

investigation. The Court reserves the right to put reasonable limits on evidence,

questioning, and argument regarding the Government's investigation. The

Motion is GRANTED in that evidence, questioning, and argument regarding

discovery productions and disclosures and the legality of any particular

investigative actions are excluded.

c. As to issue V of the Omnibus Motion, ECF No. 73-1 at 18, regarding

impeachment with interview reports, the Motion is GRANTED to the extent

that interview reports will not be published to the jury or introduced as

evidence. The Motion is DENIED to the extent that the Government seeks a

general ruling preventing Lambert from cross-examining witnesses about

interview reports. Counsel are required to show such reports to the witness as

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Case 8:18-cr-00012-TDC Document 112 Filed 10/24/19 Page 3 of 4

part of any impeachment and may not state or imply that the reports are

verbatim statements.

d. As to issue VII of the Omnibus Motion, ECF No. 73-1 at 25, regarding

Lambert's statements to law enforcement, the Motion is GRANTED to the

extent that the Court will generally bar Lambert from introducing or referring

to statements he made to law enforcement. Should there arise a specific

statement for which there is a particular theory of admissibility, Lambert must

first identify it to the Court outside the presence of the jury and obtain an

exception to this ruling before it can be referenced.

e. As to issue VIII of the Omnibus Motion, ECF No. 73-1 at 30, regarding

Lambert's age, health, and personal history, the Motion is DENIED in that

Lambert may present evidence of Lambert's age, work history, and the general

fact of Lambert's service in the United States Navy relating to logistics and

intelligence matters. The Motion is GRANTED in .that any other reference to

Lambert's military history, and any reference to his health issues, are excluded.

f. As to issue IX of the Omnibus Motion, ECF No. 73-1 at 31, regarding

Lambert's prior commission of good acts or non"'commission of bad acts, the

Motion is GRANTED.

g. As to issue X of the Omnibus Motion, ECF No. 73-1 at 32, seeking a ruling on

the admissibility of foreign business records pursuant to 18 U.S.C. S 3505, the

Motion is GRANTED.

h. As to issue XI of the Omnibus Motion, ECF No. 73-1 at 36, relating to Special

Agent Robert J. Hanratty's disciplinary action, the Motion is GRANTED.

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8. For the reasons stated on the record, the Government shall make an ex parte filing

under seal by Friday, October 25, 2019 at 12:00 noon regarding the charging

decisions made based on the information provided by Douglas Campbell about

Vadim Mikerin and the Government's history with Douglas Campbell and Rodney

Fisk. As part ofthis filing, the Government shall include:

a. A copy of the audio recording involving Campbell's interactions with Lambert

and others;

b. The Criminal Complaint and supporting affidavit against Vadim Mikerin

charging extortion.

c. The proposed 2014 Criminal Complaints against Daren Condrey, Carol

Condrey, and Mark Lambert and the supporting affidavit or affidavits.

d. A statement whether some or all of the submission may be provided to defense

counsel subject to a protective order and, if applicable, an explanation of why

any portion should be withheld from defense counsel.

9. The Court will hold an additional Pretrial Conference on Monday, October 28,

2019 at 9:00 a.m.

Date: October 24,2019


THEODORE D. CH
United States Distric