ACQUITTED AND EXONERATED
Pending before the Court is Defendant Ron Elfenbein’s Motion for Judgment of Acquittal
or, in the Alternative, for a New Trial. (ECF No. 78.)1
In this case, the Government was required to prove that certain allegedly fraudulent statements were, in fact, false, separate, and apart from the Defendant’s intent. The record in this case lacks evidence from which a reasonable jury could find that those statements were false beyond a reasonable doubt. Accordingly, the Court will grant the Defendant’s Motion for Judgment of Acquittal. Further, because the evidence weighs so heavily against the verdict, the Court will also conditionally grant the Defendant’s alternative Motion for a New Trial.
Under the relevant law, the Defendant is not guilty, and he will be discharged.