United States v. Dhinsa

243 F.3d 635 (2nd Cir. 2001)

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Nature of the Case

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Facts

Dhinsa (D) was the leader of the Singh Enterprise, a vast racketeering organization built around a chain of 51 gasoline stations that D owned and operated throughout New York City under the name Citygas. D funded a pump-rigging scheme that overcharged customers through the use of elaborate electronic devices located beneath the pumps. The device operated by remote control and overcharged by six to seven percent on each purchase. This scheme generated tens of millions of dollars. D was an accomplished organizer and had trainers, collectors, and enforcers as well as his own R&D staff who designed and manufactured the rigging devices. Two former employees were murdered by the hitmen. Prior to his death, Manmohan made numerous inquiries and confronted various members of the Enterprise over the disappearance of his brother Kulwant, another Citygas employee. Satinderjit was murdered when D learned he was cooperating with the police. D was convicted of the murders of Manmohan and Satinderjit. There is a detailed two-page explanation in the casebook of the facts of these murders. D argued at trial that the district court erred by admitting the out-of-court statements of the victims offered through numerous prosecution witnesses, as proof of D’s involvement in the murders of the declarants. D contends this violates 403, 802, and his Sixth Amendment right of confrontation. On appeal, D raised three related arguments under Mastrangelo and 804(b)(6).