Criminal Procedure — prosecutorial misconduct

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U.S. Court of Appeals for the 7th Circuit

Criminal

Criminal Procedure — prosecutorial misconduct

It was not misconduct in a prosecution for conspiracy to defraud the United States, for the prosecutor to use the word “fraud” to describe the conduct, even though the witnesses did not use that term.

“Considering the prosecutor’s statements in context, see United States v. Roe, 210 F.3d 741, 747 (7th Cir. 2000), we conclude that he did not misrepresent the visa recipients’ testimony. Although the witnesses did not say ‘fraud,’ even Haldar’s lawyer candidly acknowledged in his own closing argument that what they described was fraud. The prosecutor’s argument was certainly fair comment on the evidence. And the prosecutor’s ‘no training’ statement, while not precise, was a permissible shorthand reminder of the witnesses’ testimony that their training was meant to enable them only to pass for priests rather than to work as priests. Again, we find no prosecutorial misconduct.”

Affirmed.

13-1238 U.S. v. Haldar

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Hamilton, J.