- 15 - 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:Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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