By: Derek Hawkins//October 31, 2017//
7th Circuit Court of Appeals
Case Name: United States of America v. Hakeem El-Bey
Case No.: 15-3180
Officials: WOOD, Chief Judge, and MANION and WILLIAMS, Circuit Judges.
Focus: Court Error – Abuse of Discretion
Hakeem El-Bey filed six tax returns with the Internal Revenue Service seeking $1.8 million in tax refunds to which he was not entitled. He received $600,000 from the IRS as a result of two of the returns, which he used to purchase a house and numerous cars. El-Bey represented himself on charges of mail fraud and making false claims to the IRS. He advanced irrelevant arguments, interrupted the judge, and made it challenging to manage the trial. On appeal, El-Bey seeks a new trial. Although the district court was understandably frustrated by a difficult litigant, El-Bey had a right to a fair trial, and we cannot be assured that he received one. Statements by the court in the presence of the jury conveyed that El-Bey was guilty or dishonest and impaired El-Bey’s credibility in the eyes of the jury. We remand the case for a new trial.
Vacated and Remanded