United States v. Siddiqui

235 F.3d 1318 (11th Cir. 2000)

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Nature of the Case

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Facts

Dr. Hamuri Yamada nominated Siddiqui (D), an Indian citizen for the Waterman Award. The NSF also got a form listing three references from Gunten, Westrick, and Mysore. Along with the nomination form, NSF got a form apparently signed by Gunten recommending D for the Waterman award. NSF also got a fax letter of reference from Westrick. About one year later NSF got a letter from Gunten after he got a confirmation letter from NSF stating that Gunten never sent a letter of recommendation in support of D. The Inspector General was notified and D withdrew his name from consideration. D signed a statement admitting that he had nominated himself for the award, but he had permission from Yamada and Gunten to submit forms on their behalf. D also admitted that he had changed the wording of another letter of recommendation from Westrick to apply that letter to the Waterman award. Yamada testified in deposition that she got an email stating that if she got a phone call from NSF, it asked her to tell good words about D. Yamada testified that she knew it was from D as it had his nickname and email return address. Yamada testified that she had never signed nor submitted a Waterman form for D nor had she given D permission to use her name. Yamada also got emails and telephone calls from D requesting a letter that she had permitted D to sign the form on Yamada’s behalf. Yamada then sent an email to the investigating agent that said she had permitted D to sign but later recanted that letter saying that she thought D would go to jail if she did not. Gunten’s deposition was taken in Switzerland, and he testified that he had not submitted the letter of recommendation and that he had not given D permission to use his name. Gunten also testified that he got emails from D asking him to tell NSF that he had given D permission to use his name. D called and urged Gunten to change his mind. During trial, the court allowed the depositions to be read into evidence and the email to be admitted. D was convicted and appealed.