United States v. Drogoul

1 F.3d 1546 (1993)

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United States v. Drogoul

United States Court of Appeals for the Eleventh Circuit
1 F.3d 1546 (1993)

RW

Facts

Christopher Drogoul (defendant) faced federal district-court charges for defrauding a large Italian bank. The federal government moved for the court’s permission to depose 13 key Italian witnesses in Italy. The court initially denied the government’s motion pending proof that the witnesses were unavailable to testify in person at Drogoul’s trial. The government renewed its motion after proving that seven of the witnesses could not or would not testify in person. The court denied the renewed motion as untimely. The government appealed. The Eleventh Circuit reversed the district court’s ruling and remanded the case. On remand, the government assured the court that Drogoul’s lawyer could cross-examine the Italian deponents and that the depositions would be videotaped. The court expressed doubts that foreign depositions would be admissible or could be taken without unduly delaying the trial schedule. Once again, the court refused to permit foreign depositions, and the government appealed to the Eleventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Kravitch, J.)

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