Beruflich Dokumente
Kultur Dokumente
ATLANTA DIVISION
I. PRELIMINARY STATEMENT
more, while being a Deputy Chief of Police with the DeKalb County
the burglary.
follows:
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claim.
burglary report.
money he spent on the home that was the subject of the insurance
claim.
fraud was ever made, no criminal case was brought against Budhwani
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made on July 31, 2009, and produced to defense on CD, Rec-021. The
with defendants Frank and Budhwani and have him cooperate in the
and does not want to cooperate. The recording does not contain any
The initial July 31, 2009 audio recording of Mr. Chaudhry (Rec
12, 13, 14, 15, and 17 (video)) and any documentary evidence
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of the initial encounter with Mr. Chaudhry on July 31, 2009 as they
other than one made by the declarant while testifying at the trial
than probative. Fed. R. Evid. 403. The insurance claim was filed
be valid and paid by Travelers. Thus, the fact that the claim was
1
The government is permitted to introduce the defendant’s
statements as non-hearsay admissions by a party opponent. See
Fed. R. Evid. 801(d)(2).
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United States v. Abadie, 879 F.2d 1260, 1267 (5th Cir. 1989)(citing
United States v. Newman, 849 F.2d 156, 161 (5th Cir. 1988); United
States v. Labarbera, 581 F.2d 107, 108-09 (5th Cir. 1978); United
States v. Garcia, 531 F.2d 1303, 1306 (5th Cir. 1976)). Thus, the
jury, and waste time. Any probative value such evidence might have
Budhwani’s claim was not valid when, in fact, the insurance company
2
Evidence pertaining to the insurance investigation would be
extrinsic and not admissible under Fed. R. Evid. 608(b). See
also United States v. Matthews, 168 F.3d 1234, 1243-44 (11th Cir.
1999).
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these reasons, the Court should preclude the defense from inquiring
The government now asks the Court to exclude inquiry into this
confusion of the issues, and wasting time. Fed. R. Evid. 403. The
CONCLUSION
July 31, 2009 recording of the initial contact with Imran Chaudhry,
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Respectfully submitted,
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CERTIFICATE OF SERVICE
electronically:
Bruce Morris
Brian Steel
/S/CHRISTOPHER C. BLY
ASSISTANT UNITED STATES ATTORNEY
Chris.Bly@usdoj.gov