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United States v. Helstoski

UNITED STATES COURT OF APPEALS, THIRD CIRCUIT.


January 18, 1977

U.S., APPELLEE
v.
ROBERT J. HELSTOSKI, APPELLANT.

Appeal From The United States District Court For The District Of New Jersey (D.C. Criminal No. 75-265).

Author: Gibbons

Before GIBBONS and GARTH, Circuit Judges, and BECHTLE,*fn* District Judge.

GIBBONS, Circuit Judge:

Judgment Order

In this appeal from a judgment of sentence following a verdict finding defendant guilty of income tax fraud, 26 U.S.C. ยง 7206(1) the appellant contends

(1) that the court erred in refusing a mistrial because the government as a predicate for the grant of immunity caused a witness to plead the privilege against self incrimination before the jury,

(2) that the evidence was insufficient to establish tax fraud because of

(a) defendant's good faith reliance on a qualified expert,

(b) lack of evidence of bad faith,

(3) that the court misinstructed the jury

(a) on the defense of reliance on professional advice, and

(b) on the co-conspirator status of Frank Racioppi and Michael Sadin,

(4) that the court withheld an affidavit of Michael Sadin which under Brady v. Maryland, 373 U.S. 83 (1963) should have been produced, and in withholding material which under Giglio v. United States, 405 U.S. 150 (1972) should have been produced,

(5) that the court erred in holding the trial in the Trenton division of the District of New Jersey,

(6) that the court erred in refusing to permit counsel to examine a juror in a post-verdict examination.

We find no error.

It is therefore Ordered and Adjudged that the judgment of the district court is affirmed.

Counsel FOOTNOTES

** The brief of the United States was not timely filed and no motion for an extension of time was presented to the court. Thus the brief of the United States was not filed or considered.


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