Ganin v. United States, 2009 U.S. Dist. Lexis 121154 (Dist. Conn. 2009)
On appeal Ganin argued that he was denied due process during the trial because the government failed to disclose secret side deals it had made with two of the chief cooperating witnesses.
Ganin was found to have awarded favorable contracts while he was mayor in exchange for "fees" paid to him and his wife.
Ganin's primary argument on appeal was that the government had committed a Brady violation by failing to produce an escrow agreement by the government in favor of a cooperating witness.
The court found that there was no Brady violation even though the government had failed to turn over the actual escrow agreement because the government had disclosed the existence of the escrow agreement in its Giglio list prior to trial.
The holding in Brady was not violated since the defendant was aware that the issue may have warranted some additional investigation. The court further found that Ganin had failed to establish that the issues raised on appeal were material to the outcome
- Tax Fraud Report
- The Latest Criminal Tax Decisions, Selected Civil Tax Opinions and Related Economic Crimes