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United States v. Russell A. Harding,

Probable cause existed to search apartment for software used to maintain maintain financial records.

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Judge Kaplan

UNITED STATES v. RUSSELL A. HARDING — Defendant Russell A. Harding, former president of the New York City Housing Development Corporation (“HDC”), is charged with one conspiracy count and three substantive counts relating to a fraud scheme carried out against HDC in violation of 18 U.S.C. §§371, 666, 1341 and 1343 and with two counts relating to his alleged possession and receipt of child pornography in violation of 18 U.S.C. §2252A. The images that underlie the pornography counts, as well as various items of evidence relating to the fraud counts, were seized pursuant to a search warrant. Harding now moves this Court (1) to suppress the evidence seized pursuant to the warrant or in the alternative, (2) for a Franks hearing to ascertain whether the government knew or should have known that the confidential source upon whom the government relied, in part, in seeking the warrant was unreliable, (3) to require the use of a questionnaire during voir dire, and (4) to compel the government to provide him with a list of known co-conspirators and all documents obtained from the confidential source that were in the government’s possession before applying for the search warrant.

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