E.D.Pa.: In complex financial crimes, particularity standard must be flexible

This financial search warrant may appear to be overbroad, but it alleged a seven year scheme and sought many types of financial records. “This is the sort of ‘complex scheme[] spanning many years’ for which our Court of Appeals prescribed flexibility in Christine. Christine, 687 F.2d at 760. Fattah may not use the complexity of his alleged crimes as a ‘shield to avoid detection.’ Andresen, 427 U.S. at 480 n.10. The categories of information authorized to be searched or seized did not permit law enforcement to go on an unrestrained search, and they were consistent with the scope of probable cause established by the Government in the search warrant affidavit. We conclude that the warrant was not impermissibly general.” Also, mere disagreement with the inferences drawn by the affiant does not make the affidavit false. United States v. Fattah, 2015 U.S. Dist. LEXIS 7162 (E.D. Pa. January 22, 2015).