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: Tenth Circuit Blog

False Statement Convictions for Lawyer, Wife Affirmed; Convictions for Forging Entry Documents Reversed

By Shari Allison

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US v. Phillips, --- F.3d ----, 2008 WL 4416526 (10th Cir. Oct. 1, 2008): partial affirmance and reversal of the defendants' convictions of 8 counts of making a false statement to a federal agency and 8 counts of immigration fraud. The defendants, a lawyer, and his wife (who was also his secretary) appealed the denial of their motions for acquittal or for new trial, raising evidentiary and sufficiency issues. The Tenth held that the admission of an incomplete document into evidence did not violate the rule of completeness. FRE 106 does not prohibit admission of an incomplete document; it merely allows the other party to introduce the rest into evidence without further foundation.A copy of an asylum application was admissible. The trial court had found there was no real question regarding authenticity, under FRE 1003, that two exceptions to FRE1002 (the best evidence rule) applied: the original could not be obtained by any available judicial process or procedure, FRE 1004(1), and it was an official record under FRE 1005...continue to full post

Full post as published by Tenth Circuit Blog on October 03, 2008 (boomark / email).