Bernhard F. and Cynthia G. Manko - Page 15

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          as a matter of fact (the settlement did not exist) and as a matter          
          of law (if it did, rule 408 barred its admission).                          
                On February 4, 1991, petitioner was convicted on multiple             
          counts of Federal income tax offenses for years 1982 and 1983 in            
          violation of section 7206(1) and (2), and conspiracy to defraud the         
          United States in violation of 18 U.S.C. section 371.  Petitioner's          
          conviction and sentence were affirmed by the U.S. Court of Appeals          
          for the Second Circuit.  United States v. Manko, 979 F.2d 900 (2d           
          Cir. 1992).  The Supreme Court denied certiorari.  509 U.S. 903             
          (1993).                                                                     
               In August 1995, petitioner filed a petition to the District            
          Court to vacate his conviction, presenting newly discovered evidence        
          of the settlement; namely, the January 21, 1988, letter.  According         
          to petitioner, this evidence was relevant to prove that the                 
          Government had allowed the deduction of a substantial portion of the        
          losses that were the subject of the criminal proceeding.                    
               The District Court denied petitioner's motion without a hearing        
          and affirmed its earlier conclusion that any evidence of the                
          purported civil settlements was inadmissible. Manko v. United               
          States, 95 Civ. 1611 (S.D.N.Y., Aug. 18, 1995).  Petitioner appealed        
          the District Court's decision.  The U.S. Court of Appeals for the           
          Second Circuit vacated the District Court's denial of petitioner's          
          motion, and stated:                                                         







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