Attorneys representing actress Lori Loughlin and her husband Mossimo Giannulli have filed a motion to postpone setting a trial date for their clients, claiming newly released evidence exonerates them in the college admissions scandal.
Loughlin and Giannulli have been accused of obtaining fake athletic profiles for their daughters to help them get into the University of Southern California. The charges against them, to which they have both pleaded not guilty, include mail and wire fraud, honest services mail fraud, conspiracy to commit bribery, and conspiracy to commit money laundering.
The lawyers claim the government withheld information that was obtained from a phone belonging to Rick Singer, the alleged mastermind of the scam that helped children from wealthy families get into selective schools by faking extracurricular activities or cheating on standardized tests.
"The government is trying to benefit from withholding information in violation of its obligations and the defendants constitutional rights, but then force trial as quickly as it can," the attorneys wrote Wednesday in the filing, according to . "The government should not be rewarded, nor the defendants punished, for this kind of egregious lack of candor and violation of its obligations."
One note found on Singer's phone shows him claiming to get a "loud and abrasive call with [federal] agents" who "continue to ask me to tell a fib and not restate what I told my clients as to where their money was going — to the program, not the coach, and that it was a donation, and they want it to be a payment."
The notes were recently released to all parties in the case after a review determined the information was not privileged. The motion argues the government should have alerted the defendants to this information at least 30 days after the indictment was filed, and suggests the attorneys might file a motion to dismiss indictment, a motion to suppress evidence, and motions for sanctions.