United States v. Bahram Tabatabai

MEMORANDUM

Reza Bahram Tabatabai appeals his conviction, after a bench trial, for participating in a fraudulent “bust-out” scheme in violation of 18 U.S.C. §§ 371 , 1341, 1343, 1956, and 2314. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in denying a new trial, nor plainly err by permitting Tabatabai to represent himself during trial. In connection with new trial proceedings, the district court appointed an agreed-upon expert, Dr. Saul Faerstein, who examined Tabatabai to determine whether the infrequency of medications would have caused a significant alteration of his mental state such that he would not have been competent to represent himself pro se during his trial. Faer-stein concluded that Tabatabai suffered no cognitive disorder which would have interfered with his ability to understand and cooperate with the legal process. The district court held a thorough evidentiary hearing and found that the sporadic ingestion of medication had no impact on Tabatabai’s ability to try this case for himself. In addition, the trial record indicates that Tabatabai was actively engaged as his own attorney. He filed numerous…