This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Arthur D. Spatt rejected a coram nobis petition challenging, in light of post-trial developments, the reliability of a government expert witness in a coin fraud case. Judge Spatt also vacated a default judgment in a bankruptcy proceeding. And Judge Kiyo A. Matsumoto denied defendant’s request for discovery and a bill of particulars in a criminal case.
Coram Nobis: Expert Reliability
In Du Purton v. United States, 15 CV 1026 (EDNY, Dec. 16, 2016), Judge Spatt denied a petition for a writ of error coram nobis, 28 U.S.C. §1651(a), relating to petitioner’s 2001 fraud conviction for selling rare coins at inflated prices. The petition attacked the reliability of an expert trial witness for the government whose post-trial appraisal of petitioner’s coin inventory in connection with forfeiture proceedings was vastly lower than the eventual auction sales price.
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