United States v. Okun
United States District Court for the Eastern District of Virginia
2009 WL 790042 (2009)
- Written by Sharon Feldman, JD
Facts
Edward Okun (defendant) was indicted for mail fraud, wire fraud, and other offenses. Okun’s alleged victims were exchangers who deposited monies into qualified intermediaries’ accounts to take advantage of 26 U.S.C. § 1031, which permitted the deferral of capital-gains tax on property sales if the proceeds were reinvested in equivalent properties. The exchangers were unsecured creditors in the related bankruptcy case. The government (plaintiff) intended to call eight of Okun’s 577 alleged victims as witnesses and moved in limine to permit the victim-witnesses to attend the entire trial. Okun objected, arguing that the witnesses were not victims under the Criminal Victims’ Rights Act (CVRA), because the government had not yet proved the underlying conduct, and that it would be impractical to permit all the victims to attend the trial.
Rule of Law
Issue
Holding and Reasoning (Payne, J.)
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