Loughlin and Giannulli are among dozens of wealthy parents who were charged a year ago for allegedly participating in a mass bribery scheme headed by mastermind William "Rick" Singer, wherein they paid hundreds of thousands of dollars to get their children into top-tier universities.
As previously reported, both Loughlin, 55, and Giannulli, 56, have been named in an ongoing admissions scandal dubbed "Operation Varsity Blues", and stand accused of paying $500,000 to a sham charity enacted by Singer to get their kids in as recruits of the rowing team despite that their daughters never participated in the spot. Defense attorneys say the case can not stand because investigators bullied their informant into lying and then concealed evidence that would bolster the parents' claims of innocence. "That misconduct can not be ignored".
The US attorney's office in Boston declined to comment.
The defense also discovered that the prosecutors withheld Singer's notebook, which claims numerous parents were told they were making legitimate donations to various colleges.
The docs further state that Rick Singer, the ringleader behind the college admissions scandal, had discussions with FBI investigators in which they "directed him" to make phone calls to his clients in order to get incriminating statements.
"The notes state that agents browbeat Singer and instructed him to lie in order to elicit misleading evidence that was inconsistent with the actual facts that Singer had explained to agents", the filing states. Another six parents are scheduled to face trial in January.
"They continue to ask me to tell a fib and not restate what I told my clients as to where there money was going - to the program not the coach and that it was a donation and they want it to be a payment", Singer wrote, according to the filing.
The defence says the notes show agents bullied Mr Singer into fabricating evidence and trying to trick parents into falsely agreeing the payments were bribes.
The defense also contends that the government repeatedly denied possession of exculpatory evidence, and only turned over the notes after many other parents had pleaded guilty. At that time, they filed a document alleging that the government had only hours earlier turned over the notes from Singer's iPhone. Prosecutors say it doesn't matter whether Singer called the payments bribes or donations, because it was still an illegal quid pro quo.
The defense team, led by William J. Trach, argued that the misconduct warrants dismissal of the case, or at least suppression of the recorded calls. She was accused of paying $15,000 to a fictitious charity, and in return, would allow her daughter to take the SAT with a proctor who would then alter the answers to the Saturday.