2nd Circ. OKs Rare Rule 33 Retrial Over Biz Tax Filings

By Ben Conarck (May 8, 2015, 5:08 PM EDT) -- In a rare move on Friday, the Second Circuit backed a New York federal court's decision to hand a new trial to a Peruvian immigrant found by a jury to have willfully filed false tax returns over concerns about the testimony of a government witness, among other issues.

Tomas Olazabal was found guilty in March 2014 of submitting false tax returns, a conviction he successfully countered in June with a Rule 33 motion for a new trial, one that federal prosecutors appealed to the circuit court. The decision by prosecutors to call as a witness the owner of the accounting company...

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