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Court Error – Witness Testimony

By: Derek Hawkins//September 15, 2017//

Court Error – Witness Testimony

By: Derek Hawkins//September 15, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Jaime C. Lopez

Case No.: 16-2269

Officials: BAUER, POSNER, and HAMILTON, Circuit Judges.

Focus: Court Error – Witness Testimony

A jury convicted Jaime Lopez of fifteen counts of wire fraud, four counts of money laundering, and one count of securities fraud in connection with his participation in a fraudulent investment scheme. Lopez challenges his conviction based on various evidentiary rulings that he argues deprived him of a fair trial. We affirm.

Lopez raises four issues on appeal, each of which, he argues, constitutes grounds for a new trial. First, he argues that the district court erred in allowing a government witness to testify that payments Lopez made to his investors were “lulling payments.” Second, Lopez contends that the government’s references to Bernie Madoff in its closing argument denied him a fair trial. Third, he argues that the court erred in denying his request to label his witness, Michael Aldering, an “expert” in front of the jury. Finally, Lopez contends that the court improperly prevented him from introducing extrinsic evidence of a prior inconsistent statement by a government witness. We address each argument in turn

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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