Professional Documents
Culture Documents
No. 96-1187
Appellee,
v.
HAROLD F. CHORNEY,
Defendant, Appellant.
____________________
____________________
Before
____________________
States
United States.
____________________
on
brief for
Per Curiam.
__________
On May
27, 1993,
a jury
in the
federal
seven
counts of
making a
federally insured
bank in
false report
violation
and statement
of 18
U.S.C.
to a
1014.
"engineered a false
that the
rare
offered
vastly
more than
their actual
obtain
of
direct
conviction and
the
appeal was
as collateral
review,
sentence.
this
were
loans, extensions
On
that he
coins he
series
At
and
renewals
him to
that
court
affirmed
Chorney's
pending, Chorney
worth
filed a
motion for
While
a new
trial based
on newly discovered
evidence, Fed. R.
Crim. P.
33, and supplemented the motion with claims of Brady and Fed.
_____
R.
Crim. P. 16 violations.
motion
The district
denial.
At
provided
trial,
critical
by William
question in 1985,
testimony
Tebbetts,
Company, that
who appraised
Chorney
was
the coins
in
to purchase
against
the business,
ultimately
appraised
-2-2-
secretary.
the
coins.
and Stamp
Tebbetts
examined
Chorney
hundreds
coins
pledged
as collateral
by
62 and MS-64.
two
of the
months
later to
sign
an appraisal
letter
written on
Tebbetts testified
appraisal letter
to avoid
losing his
job.
The letter
who typed
she
asked Chorney
whether it
was
that
Fiumefreddo,
appropriate to
have one
Chorney responded,
"You're better
to that effect."
or don't
Chorney, 63 F.3d
_______
at 79-80.
In
his new
trial
motion, Chorney
contended that
the
replaced
and a stenographic
his
also
relied
inventories of
upon
alleged
of a bankruptcy
discrepancies
bank.
-3-3-
1990 removal of
trustee.
He
between different
by the
Chorney's
constitutes
position
newly
is
discovered
contends
that
the failure
related
records
of the
defense
involved
and Fed.
of
August
the
evidence
the videotapes
1990 coin
by
this
In addition,
provide
under Brady v.
_____
R. Crim.
all
evidence.
to
violation
disclosure duties
(1963)
that
transfer
government
P. 16(a)(1)(C).
and
to the
of
he
its
83, 87
The government
In
any
case,
Chorney's business
coins at
issue.
the
recorded
assets involved
The connection
August
1990
none
of the
is simply
removal
of
collateral
Chorney's claim
and
other
evidence
movement of
would
suggest
that
the
among bank
branches on
Chorney's
bankruptcy
case)
probably
government's
connection with
involved
similar
inventory
Although
between
coins--the
Chorney claims
would
is
that there
also
extremely
were 141
thin.
discrepancies
Sotheby's),
number.
inference
But
it
appears
that
in any case
represent
less than
this
greatly overstates
even differences as
two
percent of
the
the
to 141 coins
7820 coins
-4-4-
offered
Chorney
shows that
the evidence
to which
he points
would
United States
_____________
v.
Watson,
______
76 F.3d
4, 7
(1st
Cir. 1996)
(Brady); United
_____
______
cert. denied,
____________
F.3d
Cir.
965,
971 (1st
denied), 116 S.
______
1995) (new
trial
Even if
Tibolt, 72
______
motion), cert.
_____
we considered the
is patently inadequate.
evidence shows,
Chorney.
suggests
the government
By contrast,
that there
was
had a powerful
nothing in the
any massive
case against
switch of
collateral
some relocation.
Affirmed.
_________
-5-5-