Katakis
United States v. Katakis
Opinion
Lead Opinion
Shubb, J.
ORDER DENYING MOTION FOR NEW TRIAL
Before the court is defendant Andrew B. Katakis’ Second Amended Motion for New Trial Under Fed. R. Crim. P. 33 filed February 21, 2017 (Docket No. 611), and defendant Donald M. Parker’s-joinder in Katakis’ motion (Docket No. 622).
I. Factual and Procedural History
This case concerns allegations of a scheme to rig bids at public real estate foreclosure auctions in San Joaquin County, California in 2008 and 2009.- Specifically, the government alleges that Katakis and Parker, two real estate investors, along with other individuals, and aided by auctioneer or “crier” W. Theodore Long-ley, agreed not to compete to purchase certain properties at public auctions, designated which conspirator would bid for the properties at the auctions, refrained from bidding for the properties, and made payoffs to and received payoffs from one another in return.for refraining from bidding at the auctions. (Superseding Indictment 3-4 (Docket No. 136).)
The agreement eventually developed into a scheme whereby Katakis and others agreed that only one person would, bid on a property at the public auction on the courthouse steps, and then the conspirators would hold a…