U.S. v. Abair

In prosecution on charge of structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000, Dist. Ct. improperly applied Rule 608(b) by allowing prosecutor to cross-examine defendant at length about alleged false statements made on her tax return and student financial aid applications. Record showed that prosecutor lacked good faith basis for believing that defendant had lied on said tax and financial aid forms, and said error was not harmless, where defendant’s credibility was crucial factor in determining defendant’s intent and knowledge with respect to her sizeable and daily ATM withdrawals that defendant claimed were necessary to fund purchase of house. (Dissent filed.)