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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)).
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