U.S. v. El-Bey

In prosecution on charges of mail fraud and making false claims to IRS arising out of defendant’s submission of tax returns containing false statements that resulted in defendant’s receipt of two $300,000 refund checks, defendant was entitled to new trial where Dist. Ct. deprived him of his due process rights to fair trial by: (1) making inflammatory remarks during pro se defendant’s cross-examination of first govt. witness, where said remarks, which suggested to jury that defendant was acting in nonsensical manner by advancing his sovereign citizen views, conveyed bias about defendant’s guilt or honesty; (2) threatening to “kick out” defendant from trial because of his views, which impacted defendant’s credibility in eyes of jury; (3) giving non-pattern jury instruction that conveyed to jury that defendant was guilty of both charged offenses through his receipt of checks and money; and (4) comparing instant charged offenses to violent attack on individual. Fact that there was sufficient evidence to support defendant’s guilt on both charges was immaterial.