U.S. v. Leonard-Allen

In prosecution on perjury charge stemming from defendant’s testimony that her employment discrimination lawyer had not referred her to her bankruptcy attorney, Dist. Ct. did not err in admitting intake form from bankruptcy attorney in which defendant asserted that her employment discrimination lawyer had referred her to bankruptcy attorney. While defendant argued that admission of intake form violated attorney-client privilege, said admission was proper since plaintiff’s disclosure regarding instant referral did not reflect either bankruptcy attorney’s or defendant’s thinking with respect to plaintiff’s bankruptcy case. With respect to money-laundering charges against employment discrimination lawyer arising out of claim that said lawyer knew about plaintiff’s bankruptcy petition when he opened certificates of deposit with proceeds of defendant’s divorce settlement that had not been reported as assets in plaintiff’s bankruptcy petition, Dist. Ct. erred in excluding on hearsay grounds lawyer’s testimony regarding his purpose for having control over defendant’s money since, even if lawyer’s response contained defendant’s statements, said response pertained only to lawyer’s state of mind at time of alleged offense.