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U.S. v. Htut

Conspiracy, False Statement Counts Severed in Trial Over Assault of Myanmar Ambassador

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OPINION & ORDER The Government charged Defendant Phyo Hein Htut (“Defendant”) with one count of conspiracy to assault a foreign official in violation of 18 U.S.C. §112(a), through an indictment filed by the Government on December 5, 2022 (ECF No. 26). The Government filed a Superseding Indictment (S1) on May 2, 2023. (ECF No. 41.) The Superseding Indictment (S1) adds charges for false statements in violation of 18 U.S.C. §1001(a)(2).1 BACKGROUND The following facts are drawn from the criminal complaint filed in this matter (Complaint (“Compl.”), ECF No. 1) and the Superseding Indictment (ECF No. 41). In February 2021, the Burmese military overthrew Myanmar’s elected civilian government. (Compl. 5.a.) The Myanmar Permanent Representative to the United States (the “Ambassador”) represents Myanmar’s now-deposed civilian government, and the Burmese military has proven unsuccessful in its attempts to remove the Ambassador from his position. (Id.) Following the coup, an arms dealer in Thailand who sold weapons to the Burmese military (“CC-1″), asked Defendant to hire a hitman to injure or kill the Ambassador. (Id. at

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