For Your Data United States V. Scop Illustration Brief
November 22, 2019
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United States v. Scop case brief summary
846 F.2d 135 (2d Cir. 1988)
CASE FACTS
Four defendants were variously involved inward the initial offering as well as subsequent trading of the stock of an car dealership. Each was indicted as well as convicted of post service fraud inward violation of 18 U.S.C.S § 1341, securities fraud inward violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.S. § 78j(b), as well as conspiracy to commit those offenses inward violation of 18 U.S.C.S. § 371. Two defendants too were charged amongst making imitation declarations earlier a grand jury inward violation of 18 U.S.C.S. § 1623.
DISCUSSION
CONCLUSION
The courtroom reversed all the convictions except the perjury convictions because the goodness witness's opinions were inadmissible equally they contained legal conclusions as well as an persuasion on the credibility of simply about other witness. The courtroom held that these opinions were prejudicial.
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846 F.2d 135 (2d Cir. 1988)
CASE SYNOPSIS
Four defendants appealed from convictions entered subsequently a jury trial inward the US District Court for the Southern District of New York for post service fraud inward violation of 18 U.S.C.S. § 1341, securities fraud inward violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.S. § 78j(b), as well as conspiracy inward violation of 18 U.S.C.S. § 371. Two defendants were convicted of perjury inward violation of 18 U.S.C.S. § 1623.CASE FACTS
Four defendants were variously involved inward the initial offering as well as subsequent trading of the stock of an car dealership. Each was indicted as well as convicted of post service fraud inward violation of 18 U.S.C.S § 1341, securities fraud inward violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.S. § 78j(b), as well as conspiracy to commit those offenses inward violation of 18 U.S.C.S. § 371. Two defendants too were charged amongst making imitation declarations earlier a grand jury inward violation of 18 U.S.C.S. § 1623.
DISCUSSION
- At the trial, a regime witness was the main investigator for the Securities as well as Exchange Commission's regional office.
- He based his goodness testimony on the documentary testify as well as testimony introduced at the trial rather than on his ain investigation.
- He improperly gave his persuasion on the credibility of witnesses, which was prejudicial.
- In his testimony, he made statements nearly the criminal activities that embodied legal conclusions.
- The courtroom held that such statements exceeded the permissible range of persuasion testimony under Fed. R. Evid. 704.
- The statements were highly prejudicial.
- The courtroom reversed all the convictions except for the perjury convictions.
CONCLUSION
The courtroom reversed all the convictions except the perjury convictions because the goodness witness's opinions were inadmissible equally they contained legal conclusions as well as an persuasion on the credibility of simply about other witness. The courtroom held that these opinions were prejudicial.
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