Fishman
United States v. Fishman
Opinion
Opinion
Jensen, J.
MEMORANDUM OPINION
On December 27, 1989, this Court heard the government’s motion to exclude certain expert testimony proffered by defendant. Assistant United States Attorney Robert Dondero appeared for the government. Marc Nurik appeared for defendant. Since the hearing the parties have filed supple mental briefing, which the Court has received and reviewed. For all the following reasons, the Court GRANTS IN PART and DENIES IN PART the government’s motion.
I. BACKGROUND FACTS
The United States indicted Steven Fish-man on eleven counts of mail fraud, in violation of 18 U.S.C. § 1341 , on September 23, 1988. The indictment charges that Mr. Fishman defrauded various federal district courts, including those in the Northern District of California, by fraudulently obtaining settlement monies and securities in connection with shareholder class action lawsuits. This fraud allegedly occurred over a lengthy period of time — from September 1983 to May 1988.
Two months after his indictment, defendant notified this Court of his intent to rely on an insanity defense, pursuant to Rule 12.2 of the Federal Rules of Criminal Procedure. Within the context of his insanity defense, defendant…