16 into evidence to show that petitioner-husband had made three cash deposits of $9,500 each on April 4, 1991, to three bank accounts. However, Exhibit AG does not differ substantially from his testimony. The bank's criminal referral report said that petitioner-husband deposited $28,500 in "new, crisp $100 bills" in three bank accounts. Respondent contends that this impeaches petitioner-husband's testimony that the money he deposited was from cash he had in his safe in Brazil since 1989. We disagree. The fact that the $100 bills were new and crisp in 1991 does not establish that the bills were issued after 1986; they may simply have been uncirculated. Thus, Exhibit AH does not impeach petitioner-husband's testimony that the cash he deposited was from his safe in Brazil. Respondent contends that petitioner-husband's lack of memory about the nature of the April 4, 1991, deposits is analogous to a denial. Respondent relies on United States v. DiCaro, 772 F.2d 1314, 1321-1322 (7th Cir. 1985); United States v. Rogers, 549 F.2d 490, 496 (8th Cir. 1976). Respondent's reliance on those cases is misplaced. In United States v. DiCaro, supra at 1321- 1322, a witness had testified to certain facts before a grand jury but claimed to have forgotten those facts by the time of trial. See, e.g., United States v. Murphy, 696 F.2d 282, 284 (4th Cir. 1982) (witness' lack of memory impeached by his prior grand jury testimony); United States v. Rogers, 549 F.2d 490,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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