Omene

United States v. Omene

Good Law
143 F.3d 1167·1998 WL 227639
United States Court of Appeals for the Ninth CircuitAugust 15, 1997No. 96-10359California2,338 words

Opinion

Lead Opinion

Sedwick, J.

ORDER

Appellee’s request for publication is granted. The Memorandum filed January 28, 1998, is redesignated as an authored opinion by Judge Sedwick.

OPINION

INTRODUCTION

Oghenerho Omene (“Omene”) raised suspicions at the Internal Revenue Service (“IRS”) office in Hayward, California, by filing, as a tax preparer, tax returns with unusual similarities. An IRS investigation resulted in the identification of 302 tax returns that appeared to be part of a scheme to file false returns. After his arrest, Omene admitted that he had filed a large number of tax returns while doing business as Ancient One and Rapid Return Service.

One month before trial, Omene moved, pursuant to Fed.R.Crim.P. 15, to take three depositions in Nigeria. The motion, which was renewed at trial, was denied. At trial the government called 16 witnesses and introduced hundreds of exhibits, including the 302 tax returns and numerous other documents linking Omene to the filing of false returns and the receipt of fraudulently obtained refunds. Near the conclusion of the government’s ease, counsel for Omene informed the court that his client’s intention to testify posed an ethical problem and asked to discuss the…

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