- 3 - In conjunction with his guilty plea, petitioner entered into a cooperation agreement concerning other prosecutions. Thereafter, during March and April of 1992, the District Court conducted a 9-day "Fatico" hearing in petitioner's criminal case. A Fatico hearing is a proceeding held before the sentencing of a convicted criminal at which the prosecution and the defense may introduce evidence relating to the appropriate sentence.1 The principal issues addressed during petitioner's Fatico hearing were whether petitioner had breached his cooperation agreement and whether petitioner was truthful about his interest in or control over certain foreign corporations and bank accounts. Assistant U.S. Attorney Andrew E. Tomback (AUSA Tomback) represented the United States at the Fatico hearing. His first witness was Corporal Gregory James Pattison (Corporal Pattison) of the Royal Canadian Mounted Police. Corporal Pattison's duties included his being assigned, during September of 1986, to an investigation into the trading of shares in a company called International Tillex. His conduct of that investigation led to an examination of trading in shares of a company known as Beverly Development. Corporal Pattison testified that petitioner, using his own name or that of family members, had traded shares in both International Tillex and Beverly Development through seven 1See United States v. Lohan, 945 F.2d 1214, 1216 (2d Cir. 1991) (citing United States v. Fatico, 603 F.2d 1053 (2d Cir. 1979)).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011