United States v. Morel, No. 17-1331 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the convictions of co-defendants Doris Morel and Erika Tomasino for conspiracy and multiple fraud-related counts based on their participation in a multi-year tax-return fraud scheme.
On appeal, Morel raised only a Batson jury claim. Tomasino adopted the Batson claim and raised four claims of her own. The First Circuit denied the claims, holding (1) the Batson challenge patently lacked merit; (2) the government produced sufficient evidence to support Tomasino’s conviction for aggravated identity theft; (2) the district court did not err in giving the jury a Pinkerton instruction; (3) the district court did not commit clear error in admitting against Tomasino incriminating statements made by Morel; and (4) the district court properly admitted testimony from IRS Special Agent Matthew Amsden.