Loughlin and Giannulli are accused of paying $500,000 in bribes to get their daughters, 20-year-old Olivia Jade and 21-year-old Isabella Rose, admitted to the University of Southern California as recruits for the crew team, though neither woman had ever participated in the sport.
Lori Loughlin and husband Mossimo Giannulli are looking to get the charges against them in the college admissions scandal case dropped. Though he also offered legitimate services, Singer has acknowledged that he paid bribes to athletic coaches and hired "proctors" to create fraudulent SAT scores.
"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. Singer reportedly told the Federal Bureau of Investigation that clients "typically do not know that [former USC official Donna] Heinel is involved until the time of their first payment", which suggests they may not have known the payment was suspicious.
Lawyers for the couple and other defendants, including Canadian Football League player turned businessman David Sidoo, said notes kept by William "Rick" Singer show that federal agents engineered "a sham.in an effort to "entrap" Defendants and "nail" them 'at all costs, ' " and that prosecutors hid those notes from defense attorneys, according to court papers.
The defense contends that the parents were under the impression that the payments were donations to the school. In a recorded conversation, she says, "Yeah, no, no I - I had questions about USC". She served 12 days behind bars before getting released. "Uh, yeah I don't know".
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.
If the case is not dismissed, the attorneys are asking that the judge throw out the recorded calls on the basis that the evidence was "tainted" due to the alleged pressure campaign.
"The extraordinary Government misconduct presented in this case threatens grave harm to Defendants and the integrity of this proceeding", the lawyers argue, according to court documents obtained by ET on Wednesday.
Earlier this month, Loughlin's attorney Sean Berkowitz filed a motion to have to the upcoming trial date postponeddue to previously unknown evidence.
Should the judge decide to continue with the legal proceedings, the attorneys argue the judge should at least prevent prosecutors from using the "tainted recordings" at trial and order a hearing to "uncover the full truth about the recordings and the government's efforts to fabricate and hide evidence". "That misconduct can not be ignored", the lawyers wrote in their plea.