U.S. v. BRANDEL, 2:13-CR-00439-KJD-VCF. (2015)
Court: District Court, D. Nevada
Number: infdco20151110h41
Visitors: 17
Filed: Nov. 05, 2015
Latest Update: Nov. 05, 2015
Summary: ORDER KENT J. DAWSON , District Judge . Presently before the Court is Plaintiff's Motion in Limine (#103). Defendants filed a response (#112 and #117) and Plaintiff replied (#123). Plaintiff moves to admit evidence of Defendants' non-payment of taxes as evidence of consciousness of guilt. Plaintiff's position rests on a specific legal proposition endorsed by the Ninth Circuit: "evidence that a defendant hid income from the IRS is admissible to prove consciousness of guilt in economic crim
Summary: ORDER KENT J. DAWSON , District Judge . Presently before the Court is Plaintiff's Motion in Limine (#103). Defendants filed a response (#112 and #117) and Plaintiff replied (#123). Plaintiff moves to admit evidence of Defendants' non-payment of taxes as evidence of consciousness of guilt. Plaintiff's position rests on a specific legal proposition endorsed by the Ninth Circuit: "evidence that a defendant hid income from the IRS is admissible to prove consciousness of guilt in economic crime..
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ORDER
KENT J. DAWSON, District Judge.
Presently before the Court is Plaintiff's Motion in Limine (#103). Defendants filed a response (#112 and #117) and Plaintiff replied (#123).
Plaintiff moves to admit evidence of Defendants' non-payment of taxes as evidence of consciousness of guilt. Plaintiff's position rests on a specific legal proposition endorsed by the Ninth Circuit: "evidence that a defendant hid income from the IRS is admissible to prove consciousness of guilt in economic crime cases in which the legitimacy of the funds and the defendant's intent are at issue." (#123 at 3). Defendants' response merely states reasons for not filing taxes. However, this is an issue for the jury. The issue for the Court to decide is whether Defendants' decision to conceal income makes a fact of consequence — their intent and understanding of the illegal source of the funds — more or less probable.
Having read and considered the motion, the Court GRANTS the motion (#103).
IT IS SO ORDERED.
Source: Leagle
