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The Lure: The True Story of How the Department of Justice Brought Down Two of the World’s Most Dangerous Cyber Criminals by Steve Schroeder

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Chapter 9. Preparing for Trial

Following the Suppression Hearing on May 17, 2001, the parties, as directed by the Court, exchanged supplemental briefs that summarized the salient parts of their respective arguments. Adhering to the admonitions of Judge Coughenour that he did not wish to revisit arguments that had already been made, the Government’s brief was, indeed, brief, consisting of some three pages. The Government’s brief emphasized the portions of the testimony, principally that of Eliot Lim and Rob Apgood, that established that the download activities had not, in fact, impaired the ability of other users on the Russian system to fully access the data. Consequently, the Government argued, the delay in obtaining the warrant, taken for the ...

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