United States v. Biaggi

Summary

This opinion addresses post-trial motions by defendants convicted in United States v. Biaggi. The court denied motions for judgments of acquittal, a new trial, relief based on alleged inconsistent verdicts, and a Kastigar hearing, concluding that the asserted grounds did not warrant relief. The court reserved judgment on the defendants' Batson motion concerning the government's use of peremptory challenges.

Holdings

1. Even if the jury's verdicts on substantive RICO and RICO conspiracy were inconsistent, the inconsistency did not require setting aside the substantive RICO conviction.
2. The additional information concerning the extent of Fogliano's tax evasion did not warrant a new trial because it would not probably have resulted in an acquittal and was not reasonably likely to affect the jury's judgment.
3. The court was not required to hold an evidentiary hearing based solely on unsupported speculation that the government knew or should have known the full extent of Fogliano's tax evasion.
4. The defendants were not entitled to a post-trial Kastigar hearing because the government's case was obtained from sources wholly independent of their immunized grand jury testimony.
5. The court reserved judgment on the Batson motion and stated that it would issue its ruling in a separate opinion.

Questions Presented

1. Whether an allegedly inconsistent jury verdict required setting aside Neglia's substantive RICO conviction.
2. Whether newly discovered evidence concerning the extent of government witness Sabino Fogliano's tax evasion warranted a new trial or an evidentiary hearing.
3. Whether Richard Biaggi was entitled to a new trial based on denial of severance or limitations on cross-examination of a government witness.
4. Whether the defendants were entitled to judgments of acquittal under Rule 29 on various counts.
5. Whether Mariotta and Richard Biaggi were entitled to a Kastigar hearing concerning the government's alleged use of immunized testimony.
6. Whether the defendants' Batson motion should be granted based on the government's use of peremptory challenges.

Disposition

other