USA v. Carpenter

MOTION in Limine Regarding Arbitration Award And Potential Settlement With UBS PaineWebber as to Daniel E. Carpenterby USA.

D. Mass.May 19, 2008

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) UNITED STATES OF AMERICA ) ) v. ) CRIMINAL NO. 04-10029-GAO ) DANIEL E. CARPENTER, ) ) Defendant. ) ) UNITED STATES’ MOTION IN LIMINE REGARDING ARBITRATION AWARD AND POTENTIAL SETTLEMENT REGARDING UBS PAINEWEBBER The United States hereby moves, in limine, to exclude from evidence 1) an arbitration award (the “Arbitration Award”) entered against UBS PaineWebber (“PaineWebber”) in favor of Benistar Property Exchange Trust Co. (“BPETC”), and 2) a potential settlement between and UBS PaineWebber and BPETC. As grounds for this motion, the United States says that the Arbitration Award and potential settlement are not relevant to the issues in this matter and, to the extent they have any relevance at all, it is far outweighed by the risk of prejudice, confusion, and undue delay to the proceedings. The Arbitration Award and potential settlement should be excluded pursuant to Fed. R. Evid. Rule 401 and 403. The potential settlement should also be excluded under Rule 408. Further grounds for this motion are set forth in the United States’ memorandum in support submitted with this motion. Case 1:04-cr-10029-GAO Document 258 Filed 05/19/2008 Page 1 of 2 2 WHEREFORE, this Court should grant the United States’ motion in limine and exclude from evidence a) the Arbitration Award, b) the potential settlement, and c) any questions eliciting testimony from witnesses regarding the Arbitration Award or the potential settlement. Respectfully submitted, MICHAEL J. SULLIVAN United States Attorney By: /s/ Jack W. Pirozzolo JONATHAN F. MITCHELL JACK W. PIROZZOLO Assistant U.S. Attorneys U.S. Attorney’s Office U.S. Courthouse, Suite 9200 1 Courthouse Way Boston, MA 02210 Date: May 19, 2008 CERTIFICATE OF SERVICE I, Jack W. Pirozzolo, hereby certify that on May 19, 2008 I served a copy of the foregoing by electronic filing on counsel for the defendant. /s/ Jack W. Pirozzolo Jack W. Pirozzolo Case 1:04-cr-10029-GAO Document 258 Filed 05/19/2008 Page 2 of 2