12.4.1 Disclosure Statement

(a) Nongovernmental Corporate Parties; Partnerships; Limited Liability Companies

(1) Form of Filing

The disclosure statement referenced in Fed. R. Crim. P. 12.4(a)(1) and this rule shall substantially conform to Criminal Form 2, Disclosure Statement.

(2) Additional Information

The disclosure statement shall also identify any publicly held corporation with which a merger agreement exists.

(3) Partnerships and Limited Liability Companies

When a partnership or a limited liability company (LLC) is a party to an action or proceeding, it shall file a disclosure statement providing the information required in Fed. R. Crim. P. 12.4(a)(1) and § (a)(2) of this rule or shall state that there is no such corporate entity that holds such an interest in the partnership/LLC.

(b) Organizational Victims

(1) Form of Filing

The disclosure statement referenced in Fed. R. Crim. P. 12.4(a)(2) and this rule shall substantially conform to Criminal Form 3, Organizational Victim Statement.

(2) Additional Information

The disclosure statement shall also identify any publicly held corporation with which a merger agreement exists.

(3) Partnerships and Limited Liability Companies

When an organizational victim is a partnership or a limited liability company (LLC), the government shall file a disclosure statement providing the information required in Fed. R. Crim. P. 12.4(a)(1) and § (b)(2) of this rule or shall state that there is no such corporate entity that holds such an interest in the partnership/LLC.

History

(Formerly subject matter of LCrR 57.2, 57.3, which were added 1/1/01; renumbered and amended 1/1/03; §§ (a)(3) and (b)(3) amended 12/1/09; formerly LR 12.4 renumbered to 12.4.1 and §§ (a)(1) and (b)(1) amended 12/1/13)