United States v. Newton

891 F.2d 944 (1st Cir. 1989)

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Nature of the Case

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Facts

Kukielski testified that he went to Pakistan with D. In Pakistan, D was able to obtain 20,000 pounds of hashish, and have it loaded on a freighter. After the ship left Pakistan, Kukielski and D flew back to the United States to prepare for the arrival of the drugs. Kukielski was introduced to Gilbert by a mutual friend. Gilbert said he could arrange for a fishing boat to meet the freighter, unload the drugs, and bring them ashore in Rhode Island. The drugs were taken to a house in Rhode Island, cleaned, repackaged, and distributed. Later D gave Kukielski $350,000 to give to Gilbert as payment for the ship, and crew, and as Gilbert's share of the proceeds. P estimated that the total proceeds from the importation were between $20-24 million. P presented all kinds of corroborating evidence. P even presented a three-page list of instructions for financial transactions and Swiss bank account numbers seized when Kenneth Bloomfield, an alleged co-conspirator, was arrested in Switzerland. A Swiss police officer testified that Bloomfield (was arrested in Geneva in possession of two passports, both with his picture, one in his name and one in the name of an alias (which, it was shown at trial, was one of the names D had purchased from the psychologist) and a three-page unsigned and undated typed document that provided instructions on handling financial affairs. The document included a list of names, account numbers, and the names of banking officers of various Swiss bank accounts. The government claimed that the document was written by D and urged that it be admitted as an admission by a party opponent. D objected claiming that the document was not properly authenticated and was irrelevant. The judge ruled that the document had enough indicia of trustworthiness to be authentic under 901(b)(4). He admitted the document under 801(d)(2)(A) as an admission of a party opponent. The government used the document in its closing to argue that some of the fruits of the crime were deposited into Swiss bank accounts. D was convicted and appealed.