发言原文
4. Insufficiency of the Evidence (Rule 29 Challenge) The Legal Argument: The defense will move under Federal Rule of Criminal Procedure 29, asserting that "no reasonable jury could have found the essential elements of the crime beyond a reasonable doubt" based on the record presented at trial. How it applies to dismissal: If the Second Circuit agrees that the prosecution failed to provide sufficient, direct evidence linking Guo personally to the theft or diversion of specific investor pools, it can overturn the guilty verdict on those specific counts. 5. Constitutional & Procedural Prejudices Government Misconduct or Brady/Giglio Violations: Claims that the government failed to disclose exculpatory evidence (evidence favoring the defense, such as internal farm communications or records showing local management control). Jury Instruction Errors: Arguing that the judge gave flawed or misleading instructions to the jury regarding the legal definitions of control, agency, or intent.