14
OPINION
A. Admissibility of Exhibits AG and AH
Three days before the trial in this case, respondent's
counsel found in the files for this case a currency transaction
report (Exhibit AG) and a criminal referral report prepared by
the NCNB National Bank of North Carolina (Exhibit AH) and sent to
the Office of the Comptroller of the Currency. Respondent's
counsel had seen these documents before, but had not thought that
they were significant. On the day before the trial, respondent's
counsel called petitioners' counsel and told him that respondent
might call Rose Wiseman (Wiseman), an administrative assistant at
NationsBank in Raleigh, as a rebuttal witness. Respondent had
not listed Wiseman as a witness. Respondent's counsel gave him
Wiseman's name and telephone number, but did not give him a copy
of Exhibits AG and AH. Petitioners' counsel did not contact
Wiseman.
At trial, petitioner-husband testified that he made three
cash deposits totaling $28,500 on April 4, 1991, but that he did
not remember the denominations of the currency he deposited.
Respondent called Wiseman to impeach his testimony. During
Wiseman's testimony, respondent offered Exhibits AG and AH into
evidence. Exhibit AG reports that John M. Paula made a $28,500
cash deposit on April 4, 1991, and that the deposit was made to
three accounts and consisted of $28,500 in $100 bills and larger.
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