305 371-8101

Motion in Limine to Prevent the Government from Introducing that Defendant Spent Funds on Mistress was Granted


                                     
U.S. v. Young, U.S. Dt. Lexis 34067 (Dist. MA. 2010)

   In the case of David Young, the Government requested a motion in limine to determine if evidence, which the Government contended was intrinsic to the crimes, could be admissible. The three evidentiary issues were: Young's activities before Sept. 9, 2004, a period outside the stature of limitations; Young's use of converted funds to support his mistress; and Young's misuse of a government credit card while serving in the U.S. Air Force.

    The Court granted the Government's Motion in Limine in part and denied it in part. The Court granted the Government's motion to the extent the Government sougt to admit evidence of events before September 9, 2004 under Rule 404(b). The Court denied the Government's motion to introduce evidence of Young's alleged use of Governmental proceeds to pay money to his mistress, and further ordered the Government to give fair notice before seeking to admit such evidence in cross-examination or rebuttal.

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