United States v. Colón Ledée

967 F. Supp. 2d 516, 2013 WL 4776281
CourtDistrict Court, D. Puerto Rico
DecidedSeptember 6, 2013
DocketCriminal No. 09-13(ADC)
StatusPublished

This text of 967 F. Supp. 2d 516 (United States v. Colón Ledée) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Colón Ledée, 967 F. Supp. 2d 516, 2013 WL 4776281 (prd 2013).

Opinion

OPINION AND ORDER

AIDA M. DELGADO-COLÓN, Chief Judge.

I. Background

On April 1, 2009, the Grand Jury issued an eight-count indictment against Edgardo [519]*519Colón-Ledée (“defendant” or “Edgardo Colón”) and Astrid Colón-Ledée (“co-defendant” or “Astrid Colón”, collectively “defendants”). ECF No. 3. In that indictment, defendants were charged with various offenses relating to bankruptcy fraud. Id. Trial as to both defendants began on January 9, 2012. ECF No. 265. On February 6, 2012, at the close of the United States’ case, defendants both moved for acquittal under Federal Rule of Criminal Procedure 29 (“Rule 29”). ECF No. 333. The United States opposed the motions. Id. The Court subsequently denied the motions. ECF No. 334.1

On February 8, 2012, the jury returned its verdict, finding defendants guilty of a conspiracy to fraudulently conceal property belonging to the estate of a bankruptcy debtor, in violation of 18 U.S.C. § 152(1), and to fraudulently transfer property intending to defeat the provisions of U.S.Code Title 11, in violation of 18 U.S.C. § 152(7). ECF No. 316. Defendants were also found guilty of one count of fraudulent concealment and three counts of fraudulent transfers. Id. Additionally, defendant was found guilty of an additional count of fraudulent transfer2 under which Astrid Colón was not charged, as well as one count of money laundering. Id.

Defendant renewed his request for acquittal in a written motion filed on March 8, 2012. ECF No. 331. Therein, defendant attacked all evidence3 underlying each of the counts for which he was found guilty,4 as well as the admission into evidence at trial of a settlement agreement reached in prior bankruptcy proceedings. Id. Defendant also challenges the Court’s refusal to instruct the jury on selective prosecution and entrapment by estoppel. Id. The United States opposed the motion. ECF No. 341.

II. Selective Prosecution

The Court first addresses defendant’s brief re-invocation of the selective prosecution argument within his Rule 29 motion. See ECF No. 331. As noted by the Court in its previous Order (ECF No. 301), although defendant attempted to use selective prosecution as an evidentiary objection at trial, it is a defense, rather than an evidentiary doctrine. See e.g. United States v. Lewis, 517 F.3d 20, 23 (1st Cir.2008). Thus, as defendant failed to previously raise selective prosecution as a defense, he waived the defense at trial and was not entitled to a jury instruction regarding it. See Fed.R.Crim.P. 12(e); Tracey v. United States, 739 F.2d 679, 682 (1st Cir.1984), cert. denied, 469 U.S. 1109, 105 [520]*520S.Ct. 787, 83 L.Ed.2d 781 (1985) (ruling on the precursor rule, Fed.R.Crim.P. 12(f)). Further, as the Court already held, defendant’s claim of selective prosecution also failed on its merits as defendant adduced no objective evidence of prosecutorial vindictiveness. See United States v. Bucci, 582 F.3d 108, 113 (1st Cir.2009). Accordingly, the Court finds no error in its determination not to instruct the jury on selective prosecution.

III. Entrapment by Estoppel

Next, the Court addresses defendant’s argument regarding entrapment by estoppel 5 in relation to the admission of a 2008 settlement agreement (“the 2008 Settlement Agreement”) entered between United States Bankruptcy Trustee Wilfredo Segarra-Miranda and, inter alia, Edgardo Colón6 in the bankruptcy proceedings which underlie the instant criminal case. See ECF No. 331.

Like selective prosecution, entrapment by estoppel is a defense rather than an evidentiary objection and, accordingly, should have been raised prior to trial. See e.g. United States v. Sousa, 468 F.3d 42, 46 (1st Cir.2006) (operating under the principle that entrapment by estoppel is a defense). Defendant failed to do so, but rather repeatedly attempted to improperly use “estoppel” as an evidentiary objection to the introduction of evidence stemming from the 2008 Settlement Agreement.

However, even if defendant had properly raised this defense prior to trial, the Court would still not have been obliged to present the jury with a related instruction as defendant failed to propound evidence which would support an entrapment by estoppel defense. The entrapment by estoppel defense has four prongs which defendant must establish: (1) a government official must tell defendant that his conduct is legal; (2) defendant must have relied on that representation; (3) defendant’s reliance must have been reasonable; and (4) because of the reliance, prosecution for the conduct is unfair. United States v. Villafañe-Jiménez, 410 F.3d 74, 81 (1st Cir.2005). Here, there is no indication that defendant was ever told by a government official that his underlying conduct, i.e. making fraudulent transfers and concealing assets, was legal. In fact, defendant does not even argue at this late stage that a government official indicated in any manner that his conduct was legal. Rather, defendant simply argues that he was tricked into signing the 2008 Settlement Agreement, which he believed ended all pending legal matters relating to his bankruptcy, including any potential criminal action. Thus, defendant failed to even properly allege an entrapment by estoppel defense and, further, could not support such a defense as there is no evidence that he was told that his conduct was legal. Accordingly, defendant was not entitled to an instruction regarding entrapment by estoppel as he failed to raise this defense [521]*521prior to trial and as no evidence was presented to support such a defense.

IV. The Settlement Agreement and Rule 408

Next, the Court addresses defendant’s related argument that the Court erred when it admitted the 2008 Settlement Agreement into evidence under Federal Rule of Evidence 408 (“Rule 408”). See ECF No. 331.

In pertinent part, Rule 408 provides that the following uses of compromises and settlement agreements are prohibited:

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Bluebook (online)
967 F. Supp. 2d 516, 2013 WL 4776281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-colon-ledee-prd-2013.