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United States v. Nejad

United States District Court for the Southern District of New York
487 F. Supp. 3D 206 (2020)

Written by David Bloom, JD

Facts

Ali Sadr Hashemi Nejad (Sadr) (defendant) was indicted for conspiracy, bank fraud, and money laundering. A jury found Sadr guilty on all counts. Sadr motioned for a new trial, to vacate the guilty verdict, and to dismiss the indictment on the grounds that federal prosecutors for the United States government withheld, suppressed, and delayed the disclosure of a document that could have exonerated Sadr. The federal prosecutors tried to bury the document by including it with other evidence that had been previously disclosed to Sadr. The federal prosecutors failed to explain why the document was not immediately disclosed to Sadr and misrepresented the government’s handling of items seized pursuant to search warrants. The district court granted Sadr’s motion in its entirety and held further proceedings to decide whether the federal prosecutors acted improperly.

Rule of Law

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Issue

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Holding and Reasoning (Nathan, J.)

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Dismissal with PrejudiceA dismissal of a claim or lawsuit that acts as a final judgment on the merits and bars the plaintiff from suing on the same claim in a later proceeding.
Attorney MisconductViolation of the ethics rules established by a state bar. Punishments vary between each state, but generally range from mere warnings to disbarment.
ConspiracyAn agreement between two or more individuals to commit an illegal or wrongful act at some point in the future and often requiring at least one overt act in furtherance of that agreement.
IndictmentA formal statement of criminal charges issued by a grand jury, or the process of determining charges to be presented for prosecution.
Duty to DiscloseAn obligation to disclose material facts imposed in contractual or fiduciary relationships or by statute.
Motion for New TrialA request that the trial court set aside a judgment and order a new trial.
VacateIn the context of property law, vacate means to cease to occupy real property. Alternately, as a matter of civil or criminal procedure, vacate means to render an existing judgment or order legally void and unenforceable.
MisrepresentationThe act of making a false statement, on which another party relies to his detriment.
ExculpatoryTending to disprove guilt.
Duty of CandorAn attorney’s ethical obligation to disclose to the court or other parties material information relevant to the fair and efficient administration of the judicial system.
Money LaunderingThe process by which the criminal procurement of money is disguised, and the procurement made to look legal, through any of various deceptive practices.
Brady ViolationA prosecutor’s failure to disclose exculpatory or impeachment evidence that is favorable to the defense under Brady v. Maryland, 373 U.S. 83 (1963).
Prosecutorial MisconductConduct by a prosecutor that violates ethical rules or prejudices the fairness of a defendant’s criminal trial, such as knowingly withholding exculpatory evidence or improperly impugning the credibility of a witness, defendant, or defense counsel.

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