United States v. Appolon

695 F.3d 44 (2012)

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United States v. Appolon

United States Court of Appeals for the First Circuit
695 F.3d 44 (2012)

SC

Facts

A group of conspirators (defendants) was charged with multiple fraud-related crimes as a result of a mortgage scheme involving 21 properties. As part of the scheme, a straw buyer would purchase a property at asking price, and someone would falsify a mortgage loan application that listed a higher purchase price. At trial, the prosecution (plaintiff) sought to introduce four summary charts of documents related to the scheme. The first chart listed, for each of the 21 properties, information about the sale, including the buyer and seller, the actual purchase price, and the purchase price listed on the mortgage application. The second chart listed each of the conspirator’s profits from the scheme. The third chart aligned the wire-fraud charges with the wire transfers related to each sale. The fourth chart aligned the money-laundering charges with the wire transfers related to each sale. The district court permitted the introduction of the charts, over the defense’s objection, pursuant to Federal Rule of Evidence 1006 (Rule 1006). The conspirators were convicted. Daniel Appolon and Haltiwanger, two of the conspirators, appealed.

Rule of Law

Issue

Holding and Reasoning (Lipez, J.)

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