United States v. Fallon

776 F.2d 727 (7th Cir. 1985)

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Nature of the Case

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Facts

Fallon (D) was indicted and convicted of the systematic rollback of odometers on used cars and for altering title certificates to conceal the rollback. As part of its case, the government presented witnesses who testified about the rollbacks as they related to cars they purchased and sold to D of which D later sold with lower mileage on them. The government also presented the testimony of an indicted co-conspirator who testified under a performance deal; his performance at trial would determine if the government would later prosecute him for the same crime. The court struck that testimony once it found out about the deal and directed the jury to disregard it. That witness was the only witness to testify that D directed him to roll back odometers, saw him perform the work and paid him for it. D appealed.