U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

US v. Mathur, 09-1704

Conviction and sentence for defrauding millions of dollars in client funds affirmed

US v. Mathur, 09-1704, concerned a challenge to the district court's denial of a motion for a new trial and imposition of a sentence of 120 months' imprisonment on each count of conviction to run concurrently, in a prosecution of defendant for multiple counts of mail fraud and wire fraud, in connection with misrepresentations and misappropriation of millions of dollars in client funds.


In affirming, the court held that the Brady error in this case, though regrettable, resulted in no prejudice to the defendant's substantial rights.  The court also held that defendant's claim of unfair surprise at sentencing is severely undermined, if not entirely undone, by his neglect to ask the district court for a continuance to meet the claimed exigency.

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