U.S. v. Walker

Defendant was not entitled to new trial on wire fraud charges stemming from scheme to defraud bank out of mortgage proceeds stemming from submission of fraudulent loan applications containing false information about applicants’ income, assets and source of earnest money payments, even though defendant argued that fed. govt. or state authorities failed to disclose what they did with seized property belonging to defendant in unrelated criminal case. Fed. govt. eventually learned that said property was in possession of municipal police department, and thus defendant could not establish Brady violation where neither federal govt. nor any actors assisting federal govt. had possession of subject evidence. Moreover, defendant failed to exercise reasonable diligence by asking municipal police dept. for said evidence once he became aware of their possession of his property.