United States v. Various Gold, Silver & Coins

MEMORANDUM

James G. Cole, James G. Cole, Inc., and Soniclife.com, LLC (collectively “Cole”) appeal from the district court’s denial of their motion for new trial after a jury found in favor of the government in this civil in rem forfeiture action for mail and wire fraud. We have jurisdiction under 28 U.S.C. § 1291 , and we review for abuse of discretion the district court’s denial of the motion for a new trial. Janes v. Wal-Mart Stores Inc., 279 F.3d 883, 886 (9th Cir. 2002). Evidentiary rulings are similarly reviewed for abuse of discretion and require a showing of prejudice for reversal. Id. We affirm.

The district court did not abuse its discretion in excluding Trial Exhibit 261 because the exhibit risked confusing the issues at trial. Fed. R. Evid. 403. The decision of Cole’s employee, Mr. George, in 2004 to decline to manufacture illegal drugs goes beyond rebutting the government’s theory of fraud. Further, Cole was otherwise permitted to testify as to his belief that he did not need to disclose the prior conviction because Mr. George had reformed.

Although Dr. Brueggemeyer’s testimony about the FDA’s scientific testing probably qualifies as expert testimony, see Fed. R.…