UNITED STATES OF AMERICA, Appellee, v. VINAL S. DUNCAN, Defendant-Appellant., 42 F.3d 97

Summary

The charges in this case arose from two separate criminal schemes. Conspiracy, bank fraud and tax-related charges stemmed from defendant's involvement in the fraudulent acquisition and sale of property while a director of a savings & loan association. The corrupt political payoff charges arose from payments to the mayor made by a corporation comprised of defendant and others. On appeal, the court affirmed the convictions and sentence. The court rejected defendant's argument that the expert testimony of an IRS agent invaded the province of the jury by stating a legal conclusion. Here the agent testified not simply as an expert, but also as a witness to the investigation and did not usurp the jury's role. In addition, the court ruled that any error in admission of the testimony was harmless. The court held that defendant's convictions for bank fraud and conspiracy to commit bank fraud were not barred by the Ex Post Facto Clause because the criminal offenses continued after the relevant ...