Rosen

ORDER RE: DEFENDANT’S. MOTIONS TO DISMISS THE INDICTMENT

Defendant David Rosen (“Rosen”) has been charged in four counts with causing false statements to be filed with the Federal Election Commission (“FEC”), in violation of 18 U.S.C. §§ 1001 (a) and 2. Rosen moves to dismiss all counts in the indictment on three separate grounds: (1) the FEC is not within the executive branch of the Government of the United States and, accordingly, none of the false statements alleged in the Indictment was “within the jurisdiction of the executive, legislative or judicial branch of the Government” within the- meaning- of 18 U.S.C. § 1001 (a); (2) venue in this Central District of California is improper; and (3) the indictment was unlawfully sealed. Rosen also moves to dismiss Counts Two, Three and Four based on multiplicity.

SUMMARY OF RULINGS

The Court DENIES Rosen’s motion to dismiss' the Indictment for “failure to allege elements” (as he puts it) of 18 U.S.C. § 1001 , a - jurisdictional challenge; DENIES Rosen’s motion to dismiss .the Indictment for. improper venue; DENIES without prejudice Rosen’s motion to dismiss the Indictment for unlawful sealing; and GRANTS IN PART and DENIES IN PART…