Goldberg
United States v. Goldberg
Opinion
Opinion
Hauk, J.
DECISION DENYING DEFENDANT LOTHIAN’S PETITION FOR WRIT OF ERROR CORAM NOBIS
This matter came on for hearing before the Court on October 16, 1991 on Defendant Lothian’s Petition For Writ Of Error Coram Nobis. The Court has considered the Petition and the supporting papers, the government’s response thereto, together with all the files and records herein, including materials filed under seal by the government, and arguments asserted by the parties at the hearing. The Court now makes the following Decision.
I. INTRODUCTION
Petitioner Lothian and co-defendants Barry N. Goldberg, Lester Charles Thompson, and Mark Stephen Ott operated Barry N. Goldberg & Associates [hereinafter BNGA], a “boiler room” telemarketing operation that sold precious metal contracts to the public for investment purposes. On August 10, 1990, after a three week jury trial, defendant Lothian was found guilty of violating 18 U.S.C. § 1341 (Mail Fraud), (Counts 1-7, 10 and 11), 18 U.S.C. § 1343 (Wire Fraud), (Counts 13 and 15-20), 18 U.S.C. § 2314 (Interstate Transportation of Property Obtained by Fraud), (Counts 23, 24, 26 and 27), and 26 U.S.C. § 7203 (Failure to File an Income Tax Return), (Count 34).