among other things, RICO conspiracy, conspiracy to commit mail fraud and honest services mail fraud, Hobbs Act conspiracy and Hobbs Act substantive violations, conspiracy to commit bribery in programs receiving federal funds, and conspiracy to obstruct justice. Dimora is also charged with conspiracy to commit wire fraud and honest services wire fraud; destruction, alteration or falsification of records in a federal investigation; mail fraud; and false statements on tax returns."Whew, that is quit a bunch of charges.
Dimora offers lessons primarily for students of federal white collar crimes. Remember, that tax crimes are just a subset of white collar crimes, and many of the issues presented in the trial of tax crimes are often present in white collar crimes (and vice versa). It is a very long opinion, and I really don't recommend that even students read it except to address a particular interest piqued by reading my summary of the key points.
So, here are the points I think are key for students:
1. The Function of the Motion in Limine
The Court resolves key evidentiary issues in advance of trial. The parties asked the court to resolve these issues by motions in limine. The Court describes motion in limine procedure as follows (case citaions other than Supreme Court omitted):
Although not explicitly authorized by the Federal Rules of Evidence or the Federal Rules of Criminal Procedure, the practice of ruling on motions in limine "has developed pursuant to the district court's inherent authority to manage the course of trials." Luce v. United States, 469 U.S. 38, 41 n.4 (1984). Motions in limine allow the court to rule on evidentiary issues prior to trial in order to avoid delay and to allow the parties to focus remaining preparation time on issues that will in fact be considered by the jury.
Courts should exclude evidence on a motion in limine only when it is clearly inadmissible. If the court is unable to determine whether certain evidence is clearly inadmissible, it should defer ruling until trial so that questions of foundation, relevancy, and potential prejudice can be evaluated in proper context. Id. Ultimately, the determination whether to grant or deny a motion in limine is within the sound discretion of the trial court. In limine rulings are preliminary, and the district court may change its ruling at trial for any reason it deems appropriate.
