The usual practice is to indict on one count of perjury that encapsulates additional specifications. A conviction on one count of perjury would extend Schwarz's prison term by up to five years. But a guilty verdict on two counts would put him away for up to 10 years on the perjury counts alone.
The basic question is: If Vinegrad wanted to indict Schwarz for perjury, why did he wait until nowafter the previous convictions were reversed? He could have done it long before.
Remember Javert, the prosecutor of Jean Valjean in Victor Hugo's Les Misérablesthe very model of a relentless, mean-spirited prosecutor? Alan Vinegrad could play him in the road company of that show. In the interest of justice, we should be grateful he is now only the interim U.S. Attorney for the Eastern District.