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White Collar Defense & Compliance Developments in Criminal Law, Federal Case Law and Statutory Developments

Tag Archives: FRE 403

State Court Order Restraining Use of Bank Account Proceeds Admissible In Bank Fraud Prosecution To Establish Knowledge And Intent

Posted in Evidence

The Second Circuit recently held that a state court asset freeze order could be admitted in a prosecution for the activity which led to the entry of the civil order, despite the obvious prejudice to the defendant, because the order was not offered for its truth and because a limiting instruction could cure any prejudice.

Third Circuit Permits Government To Bolster Informant’s Credibility By Introducing Testimony About Other Convictions In Same Sting Operation

Posted in Evidence

In a recent post here we commented on the perplexing affirmance in a recent case in which the Third Circuit agreed that a government cooperating witness could speculate in his testimony regarding what a defendant knew or thought in a given conversation about the accuracy of tax returns signed by that defendant. Even if such… Continue Reading

Cooperating Witness Permitted To Offer Opinion As To Defendant’s Guilty Knowledge

Posted in Evidence

A vexing problem in trying white collar cases involving alleged group activity is the willingness of judges to allow cooperating witnesses to offer their opinions as to the guilty knowledge of the defendant-participants. Prosecutors elicit cooperator opinion testimony regarding defendants to the effect that “they all knew” of certain fraud or “everyone in the office… Continue Reading