United States v. Marc R. Shapiro

Marc R. Shapiro was an employee of International City Investors (ICI), a corporation which sold precious metals through advertisements in various publications. In July of 1986, the Postal Service investigated ICI in response to numerous customer complaints about not receiving bullion that had been paid for in full. An indictment followed, and Shapiro was convicted for mail fraud as a result of his involvement with ICI’s precious metal sales.

Shapiro has a prior conviction for grand theft for stealing money from parking meters. Before his trial, he made a motion in limine to prevent the use of this prior conviction for impeachment purposes pursuant to Fed.R.Evid. 609. Shapiro indicated that he planned to testify at his trial, but would do so only if his prior conviction was excluded. The prosecution did not file a written opposition to the motion in li-mine, and at the hearing on the motion indicated that it was willing to exclude Shapiro’s prior record. The prosecution then agreed “not to offer evidence of Mr. Shapiro’s prior felony conviction or cross-examine him as to that conviction.” The only qualification the prosecution made was that it would use the prior conviction if…