Tom Goldstein Indictment Trimmed on Government Motion to Dismiss

US Supreme Court advocate and criminal defendant Tom Goldstein is facing a slimmed-down indictment after a federal judge in Maryland agreed to dismiss six of the 22 counts originally charged.

On the eve of the parties’ final pretrial conference, prosecutors asked US District Court for the District of Maryland Judge Lydia Kay Griggsby to dismiss, with prejudice, three tax evasion counts, two counts of aiding and abetting in the preparation of a false tax return, and one count of failure to timely pay taxes.

Griggsby granted the motion Monday, just as jury selection began.

The government said it moved to dismiss the charges in order to streamline its case-in-chief and limit the duration of trial.

The defense initially withheld its consent but ultimately said it didn’t oppose the government’s motion, so long as the court was attentive to the implications of the late dismissal in crafting final jury instructions on the remaining false statement charges and in considering the admissibility of evidence offered by the government.

Goldstein had expressed concern that the true reason for the government’s motion was to avoid a special instruction that would have required jurors to agree unanimously on specific acts of evasion.

He also said that several alleged acts of evasion had no connection to alleged false statements and were therefore no longer tethered to any theory of criminal liability. The government should have to provide an alternative theory of admissibility if it still wants to offer evidence about those alleged acts, he said.

As it stands, Goldstein now faces one count of tax evasion, eight counts of aiding and abetting in the preparation of false and fraudulent tax returns, four counts of willful failure to pay taxes, and three counts of making a false statement on a loan application.

Goldstein is represented by Munger, Tolles & Olson LLP.

The case is United States v. Goldstein, D. Md., No. 8:25-cr-00006, 1/12/26.