Case 1:17-cr-00638-JMF Document 142 Filed 05/30/19 Page 1 of 4

IN THE UNITED STATES DISTRICT
SOUTHERN DISTRICT OF NEW YORK

United States of America
Plaintiff
v
Joel Margulies
Defendants

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# 17 - CR - 638
Judge Furman

MOTION IN LIMINE - WORLD WIDE
Pursuant to the Fifth Amendment of the Constitution of the United States of America the right to due process - and Fed. R. Evid. 403 and 403 - the exclusion of irrelevant or unfairly
prejudicial evidence, the Defendant moves this Court to prohibit the Government from
presenting to the jury that the Defendant has worked for the Key World Wide Foundation.
I) Factual Background
Counts one and two allege conspiracy and wire fraud regarding a business enterprise
named All American Pet (AAP) between October 2013 to May of 2017 accusing the Defendant
and co-defendants (Lisa Beshan and Barry Schwartz) of providing fictitious information and
documents to investors to raise loans for the company in the amount of approximately $500,000.
Count three alleges identity theft but currently does not specify any particulars of what
identity was stolen or how. It appears that count three relates to the facts of counts one and tw0 the APC alleged scheme.
Count four five and six alleges securities fraud and wire fraud regarding an enterprise
named Starship between the dates of Aug 2015 and August 2017 in which it is alleged that the
Defendant and Bershan and Schwartz made false claims about their snack company being
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acquired by Monster Drink Inc, and made false claims about guaranteeing investor funds.
Count seven alleges conspiracy to distribute cocaine for several transfers of use amounts
of cocaine from Defendant Margulies to Defendant Bershan between October 2015 and August
2015. This count has been previously severed by the Court from the other seven counts.
Count eight alleges an unlawful gun transfer from Defendant Margulies to Defendant
Bershan for sending to Bershan a fire arm from Tennessee to New York thru Fed Ex between
October 2016 and November 2016.
II) Request to Prevent Evidence of Key World Wide Employment
The Defendant desires to present evidence that he was working full time outside of his
work with the co-defendant’s in this case. This evidence is relevant and important. Based upon
statements by F.B.I. Agents during the Defendant’s interrogation the Government’s position
seems to be that if the Defendant did not know that the misrepresentations about Monster in
regard to Starship were false that he was reckless for not knowing and that he should have been
verifying statements made to him by Bershan and Schwartz. The Defendant’s other employment
is relevant because it shows that he was busy and distracted with other things. Given his position
in the Starship company and his responsibilities outside of Starship the Defendant did not have
the duty nor the time to be monitoring Bershan and Schwartz.
The Defendant’ work outside of his work for Bershan and Schwartz included work for the
Key World Wide Foundation and Rick Singer. The Key World Wide Foundation and Mr. Singer
have themselves fallen under federal indictment for fraud. There is no evidentiary value or
necessity in regard to the Government’s case in disclosing that the Defendant did work for World
Wide and the Defendant has not been notified that he is being investigate in relation to that
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 Case 1:17-cr-00638-JMF Document 142 Filed 05/30/19 Page 3 of 4

matter and does not believe he will be implicated in any wrongdoing in that matter. There is
simply no connection between that case and this case.
World Wide has received a great amount of national publicity due to several Hollywood
actors and actresses who have been implicated. However, the Defendant is of course concerned
that if the jury becomes aware that he did work for World Wide that the Jury will be prejudiced
against him.
Conclusion
Based upon the forgoing it is respectfully requested that the Court prevent the
Government from disclosing that the Defendant worked for the Key World Wide Foundation.

Respectfully Submitted:

S/ Brent Horst
Brent Horst, Attorney,
(Tenn. B.P.R. # 016539, FL Bar # 0726842)
315 Deaderick St, Ste. 1550
Nashville, Tenn. 37238
Ph. (615) 259 - 9867, Fx. (615) 628-0446
Cell (615) 403 - 2971, Email: Brent@HorstLaw.com

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 Case 1:17-cr-00638-JMF Document 142 Filed 05/30/19 Page 4 of 4

CERTIFICATION
I hereby certify that on the 29 May 2019
I electronically filed the foregoing with the
U.S. District Court Clerk by using the CM/ECF system, which will send a Notice of Electronic
Filing to the United States Attorney.

S/ Brent Horst
Brent Horst, Attorney,
(Tenn. B.P.R. # 016539, FL Bar # 0726842)
315 Deaderick St, Ste. 1550
Nashville, Tenn. 37238
Ph. (615) 259 - 9867, Fx. (615) 628-0446
Cell (615) 403 - 2971, Email: Brent@HorstLaw.com

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