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In a surprising twist, the upcoming trial involving two former NBA players, Will Bynum and Glen "Big Baby" Davis, accused of defrauding the league's health care plan, has taken a dramatic turn as Manhattan federal prosecutors vehemently oppose the potential use of a duress defense.

Duress Defense Rejected

Prosecutors have raised concerns about Bynum and Davis's plans to argue that they were coerced into participating in the fraudulent scheme. The attorneys for these ex-NBA stars hinted at the possibility that they succumbed to intimidation or pressure from co-conspirators, including the alleged ringleader, Terrence Williams. However, in a memo released on Monday, federal prosecutors categorically denied the legitimacy of such claims.

"The government, however, is aware of no factual basis that would support a duress defense, which requires the defendants to satisfy a high burden before the defense can apply," the memorandum stated. "Unless and until the defendants offer the requisite factual predicate for a duress defense, they should be precluded from offering evidence or making argument in support of and related to that defense."

Prosecutors are deeply concerned that permitting Bynum and Davis to employ a duress defense without credible evidence would "create a substantial risk of confusing the jury and inviting jury nullification."

High Bar for Duress Defense

To substantiate a duress defense, a defendant must demonstrate that they faced a threat of force at the time of the alleged offense, that this threat was sufficient to induce a fear of imminent harm or injury, and that there was no alternative to engaging in criminal conduct. Prosecutors contend that Bynum and Davis cannot present evidence to meet these criteria.

Despite these claims, counsel for Davis asserted that he was pressured to participate in the scheme. However, prosecutors clarified that Williams, currently appealing a 10-year prison sentence, never threatened Bynum or Davis. Furthermore, even if such threats existed, neither defendant resided in Seattle, where Williams lived, providing them with ample opportunity to evade involvement in the fraudulent activities.

Ex-NBA Players Fraud Case : Evidence Showdown

In the same memo, prosecutors requested permission from U.S. District Judge Valerie E. Caproni to introduce certain business records belonging to the defendants as evidence. These records include bank, phone, internet, and email records. While discussions regarding stipulations on these records have taken place, the defense has yet to reach an agreement.

Counsel for Davis and Bynum declined to comment on the matter at this time.

Ex-NBA Players Fraud Case : Trial Date Nears

Bynum and Davis are the last two defendants to maintain a not-guilty plea out of the original 24 charged in the case. Their trial is slated to commence on November 1, promising a legal showdown with high stakes.

The charges against Bynum involve submitting fraudulent invoices to the NBA's health care plan for medical work that was never performed, resulting in him pocketing approximately $182,000. Davis, on the other hand, submitted an invoice for $250,000, which was denied. Subsequently, he submitted another false invoice for dental work amounting to $132,000, which was also rejected.

Prosecutors in this case are Ryan Finkel and Daniel Nessim of the U.S. Attorney's Office for the Southern District of New York.

Glen Davis is represented by Sabrina Shroff of the Federal Defenders of New York, while Will Bynum is represented by Victor Henderson and Kimberly Tarver of Henderson Parks LLC.