United States v. Getto, No. 11-1237 (2d Cir. 2013)
Annotate this CaseDefendant's conviction stemmed from his involvement in a conspiracy that had defrauded American victims through a lottery telemarketing scheme operated out of three so-called "boiler rooms" at different locations in Israel. On appeal, defendant, an American citizen, challenged his conviction of conspiracy to commit mail fraud and wire fraud through telemarketing. The court concluded that the district court correctly denied defendant's motion to suppress the evidence gathered through foreign searches and surveillance where ongoing collaboration between an American law enforcement agency and its foreign counterpart in the course of parallel investigations did not - without American control, direction, or an intent to evade the Constitution - give rise to a relationship sufficient to apply the exclusionary rule to evidence obtained abroad by foreign law enforcement. Further, the court concluded that the district court committed procedural error in failing adequately to explain the sentence it imposed. Accordingly, the court affirmed defendant's conviction, vacated the sentence, and remanded for resentencing.
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