Second Circuit – Authentication: United States v. Moses

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United States Court of Appeals for the Second Circuit

Authentication — Jury instructions — Mail and wire fraud

United States v. Moses

22-3141-cr

Judges Kearse, Park, and Perez

Background: The defendant was convicted of mail and wire fraud, money laundering, lying to the FBI, and other charges for defrauding two nonprofit community organizations that he led for several years. On appeal he argues that the court improperly excluded from evidence a document he claimed to be his employment contract. He also argued that the jury instructions were incorrect because he had no duty to disclose his spending.

Ruling: The Second Circuit affirmed. The court held that excluding the purported employment contract was proper as the witness testifying to its authenticity could not state whether it was the document she claimed to have signed in 2010. The Second Circuit also held that the jury instruction was proper as a duty to disclose may arise from a fiduciary or similar relationship and witnesses testified that the defendant knew that he was expected to disclose his spending and failed to do so.

Frederick P. Hafetz for the defendant-appellant; Richard A. Resnick, assistant United States attorneys, for the appellee.

Oral argument audio