Taghilou

United States v. Taghilou

Good Law
5 F. App'x 694
United States Court of Appeals for the Ninth CircuitMarch 2, 2001No. 00-50400; D.C. CR-98-01183-SVW-01California301 words

Opinion

Lead Opinion

MEMORANDUM *

Farmarez Taghilou appeals his conviction and sentence for bankruptcy fraud in violation of 18 U.S.C. § 152 (1) and knowingly making a material false statement under penalty of perjury in violation of 28 U.S.C. § 1746 . Taghilou filed a bankruptcy petition in which he failed to disclose his ownership of a twin-engine Cessna aircraft. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Taghilou contends the district court erred by permitting the government to call his bankruptcy attorney, Colette Jolicoeur, as a witness during its case-in-chief. We disagree. During a pretrial hearing, Taghilou represented that he intended to assert an affirmative defense blaming Ms. Jolicoeur for failing to disclose the airplane. The district court did not err by then determining that this defense would *695 constitute a waiver of the attorney-client privilege. See United States v. Amlani, 169 F.3d 1189, 1195 (9th Cir.1999); Tennenbaum v. Deloitte & Touche, 77 F.3d 337 , 341 n. 4 (9th Cir.1996). Thereafter, during voir dire, Taghilou’s trial counsel reiterated his intention to present such a defense. When the government presented Ms. Jolicoeur as a witness in its…

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