Robert T. Brockman, facing the largest tax-evasion case in U.S. history, is seeking access to national security information that he claims helped fellow billionaire Robert F. Smith avoid prosecution in exchange for his cooperation against Brockman.
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Recently, the Second Circuit remanded a consolidated appeal of
three cases to the district court to consider whether the
government violated
Brady such that new trials should be
granted. In
United States v. Stillwell, Nos.
18-3074, 18-3489, and 19-790, the Second Circuit
(
Cabranes, Raggi, Korman by designation) declined to reach
defendants
Brady claims based on evidence discovered
while the cases were on appeal. Nevertheless, the Court all
but urged the defendants to file post-trial motions for a new trial
on
Brady grounds, and directed the district court to
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