We haven’t quite reached Paul Burks levels of desperation yet, but James Merrill was certainly channeling him when he asked a court to
suppress all evidence
collected against him.

Merrill’s motion, if granted, would have effectively gutted the DOJ’s case against him – leaving the regulator unable to use any evidence obtained via
seizure of TelexFree assets
.

Given the evident lopsidedness such an order would create, yesterday Judge Hillman saw fit to deny Merrill’s motion in its entirety.

A memorandum accompanying Judge Hillman’s order was unavailable at time of publication.

The docket entry for Judge Hillman’s order simply states Merrill’s motions for a hearing and suppression of seized evidence are denied.

If the memorandum is made public I’ll publish an update below. Otherwise Merrill’s criminal trial remains scheduled to kick off on October 24th.

Stay tuned…

Footnote: 
Our thanks to Don@ASDUpdates for providing a copy of Judge Hillman’s August 31st order.

Update 7th September 2016 – 
Judge Hillman’s
Memorandum accompanying his published order
has been made public.

🤖 Quick Answer

What was the outcome of James Merrill's evidence suppression motion?
Judge Hillman denied James Merrill's motion to suppress evidence collected against him in its entirety. The motion sought to exclude evidence obtained through seizure of TelexFree assets, which would have significantly weakened the Department of Justice's case. The judge determined the suppression order would create an unfair advantage for the defendant.

Why did Merrill's suppression motion fail?
The court found that granting Merrill's motion would have created evident lopsidedness in the case by preventing prosecutors from utilizing legitimately seized evidence. Judge Hillman concluded that allowing such suppression would improperly undermine the DOJ's ability to proceed with its case against Merrill regarding TelexFree operations.

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