United States Second Circuit

Convictions and sentences for series of frauds against several states and a corporation are affirmed over claims that the district court erred by: 1) refusing to grant a new trial based on the government's alleged withholding of impeachment material and newly discovered exculpatory evidence; 2) refusing to sever defendants' trials; 3) improperly instructing the jury as to the meaning of "false statements" and "fraudulent omissions,"; 4) preventing the defense from fully cross-examining prosecution witnesses; and 5) allowing the prosecution to display photographs of the conspirators during closing arguments. Restitution order for $12.8 million is affirmed.

Appellate Information

• Argued 05/15/2008
• Decided 08/21/2008
• Published 08/21/2008

Judges

• CARDAMONE, Circuit Judge:, Before:  CARDAMONE, MINER, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Joshua L. Dratel, New York, N.Y. (Renita K. Thukral, Erik B. Levin, Aaron Mysliwiec, Law Office of Joshua L. Dratel, P.C., New York, NY, of counsel), for Defendant-Appellant Joseph Amato., Brian C. Wille, New York, N.Y. (Usman Mohammad, Kostelanetz & Fink, LLP, New York, NY, of counsel), for Defendant-Appellant John Fasciana., Marcus A. Asner, Assistant United States Attorney, New York, N.Y. (Michael J. Garcia, United States Attorney, Katherine Polk Failla, Assistant United States Attorney, Southern District of New York, New York, NY, of counsel), for Appellee.