United States v. Sarihifard

155 F.3d 301 (1998)

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Nature of the Case

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Facts

Federal agents were conducting an investigation into alleged money laundering and drug trafficking. Ali Galadari was a target of the government's investigation. From 1994 to 1995, D, a close friend of Galadari, worked as a used car salesman for Eagle Motors. Agents were seeking information concerning D's purchase and resale of a new 1995 Nissan Pathfinder. The 1995 Pathfinder was purchased in D's name and sold two weeks later. Agents surmised that the Pathfinder represented the profits of a drug transaction and that D was simply a 'straw' owner of the vehicle. D told agents that he purchased the Pathfinder for his own use and that he sold it to another buyer named Deborah Mills two weeks later for a profit of $1000.00. The agents called Da 'liar.' D adhered to his story. D told the same story to a grand jury later that month. Prior to his grand jury testimony, the United States Attorney apprized D of his rights under the Fifth Amendment. D testified before the grand jury, and the United States Attorney informed the grand jury that D had not provided truthful testimony. The United States Attorney instructed the grand jury to disregard D's testimony for the purposes of examining the possible illegal activity at Eagle Motors. In February 1996, Jockery Jones testified under a grant of immunity that he was the actual purchaser of the Nissan Pathfinder. Galadari entered into a plea agreement with the government where he agreed to cooperate with government agents. Galadari testified before the grand jury. Galadari told the grand jury that D was merely a straw owner of the vehicle. Mahmoud Moshrefi, D's roommate and a salesperson at Eagle Motors, also entered into a plea agreement with the government. Moshrefi testified that the sale of the Pathfinder was consummated in furtherance of a money-laundering scheme and that D fulfilled a pivotal role in the scheme by acting as the straw owner of the vehicle. The grand jury indicted D. Deborah Mills testified that D never sold her a Nissan Pathfinder, that she never purchased a Nissan Pathfinder and that she never even visited Eagle Motors. D was convicted. On D’s motion, newly unsealed evidence revealed that, after D testified before the grand jury, the United States Attorney told the grand jury to disregard d's testimony because it was false. D maintains that the revelation of the prosecutor's statements to the grand jury raises questions regarding materiality and perjury entrapment. D appealed.