United States Second Circuit

Judgment of conviction for conspiracy, securities fraud, and wire fraud is vacated, where: 1) the district court failed to disclose the contents of a jury note and engaged in an ex parte colloquy with a juror accused of attempting to barter his vote, thus depriving the defendant of his right to be present at each stage of the trial; and 2) the errors were not harmless, as the court could not say with fair assurance that the judgment was not substantially swayed by the errors.

Appellate Information

• Decided 01/09/2012
• Published 01/09/2012

Judges

• Chin

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Christopher L. Garcia, William J. Schwartz