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United States District Court, N. Illinois, Eastern Division. Nikolay Tantchev, Defendant, represented by Beau B. Brindley , Law Offices of Beau B. Batmagnai Chogsom, Defendant, represented by Beau B. Hogan, Jr. AMY J. EVE , District Judge. Defendant Nikolay Tantchev has moved for a judgment of acquittal or, in the alternative, for a new trial. Defendant Batmagnai Chogsom has moved for a judgment of acquittal. For the reasons explained below, the Court denies Defendants' motions.
Specifically, Counts One and Five charged Defendants and Count Three charged only Tantchev with knowingly exporting and attempting to export a stolen motor vehicle outside the United States, in violation of 18 U. Count Two charged Defendants and Count Four charged only Tantchev with knowingly and willfully using false writings and documents in a matter within the jurisdiction of the United States Department of Homeland Security when he furnished the agency with false information regarding the contents of certain shipping containers, in violation of 18 U.
Count Six charged Chogsom with knowingly and willfully making materially false, fictitious, and fraudulent statements in a matter within the jurisdiction of the Internal Revenue Service "IRS" for stating to an IRS agent, when asked if he recognized the person in a photo of his sister, Burmaa Chogsom "Ms.
Chogsom" , that the person depicted in the photo was "Jianmei Li," in violation of 18 U. Count Seven charged Tantchev with knowingly evading the reporting requirements of 31 U. Defendants pled not guilty to all the Counts. Subsequently, Defendants proceeded to a six-day jury trial.
Both Tantchev and Chogsom testified at trial. Tantchev now moves for a judgment of acquittal or new trial on all the counts for which he was convicted, pursuant to Federal Rules of Criminal Procedure 29 and 33, respectively.
Chogsom has similarly moved for a judgment of acquittal on Count Six. Rule 29 a provides that, "[a]fter the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. When, as here, a defendant makes a Rule 29 a motion at the close of the government's case, and the court reserves decision, the court "must decide the motion on the basis of the evidence at the time the ruling was reserved.
Warren, F. Jones, F. Berg, F. Dinga, F. Morris, F. Indeed, a "defendant faces an uphill battle in challenging the sufficiency of the evidence. Orlando, F. Moore, F. Rahman, F. Presbitero, F. Moses, F. It follows that under Rule 29, courts "do not reassess the weight of the evidence or second-guess the trier of fact's credibility determinations.
Arthur, F. Severson, F. This strict standard recognizes that "[s]orting the facts and inferences is a task for the jury. The Seventh Circuit teaches that:. Virginia, U. Rule 33 of the Federal Rules of Criminal Procedure provides that, "[u]pon the defendant's motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires.
Smith, F. McGee, F. Eberhart, F. Kuzniar, F. Santos, 20 F. Washington, F. Rather, the court considers whether the verdict is against the manifest weight of the evidence, taking into account the credibility of the witnesses. Chambers, F. Swan, F. Reed, F. In order to prove Chogsom guilty of violating U. Chogsom" , he told Gibson that the person depicted in the photo was "Jianmei Li.
Chogsom's "American name. Despite Chogsom's arguments, the government provided sufficient evidence at trial from which the jury could reasonably find Chogsom guilty beyond a reasonable doubt, especially "bearing in mind that it is the exclusive function of the jury to determine the credibility of witnesses, resolve evidentiary conflicts and draw reasonable inferences.
Hagan, F. Here, IRS Agent Gibson testified that in , he was investigating Tantchev's cash deposits and he sought to identify an account holder named "Jianmei Li. Gibson obtained Li's Illinois Secretary of State photograph the "photograph" , and he first interviewed Chogsom's nephew, Gerelt Dashdorj, who told Gibson that the woman in the picture was Burmaa Chogsom.
Gibson then interviewed Defendant Chogsom and showed him the photograph. Chogsom told Gibson that the woman in the photograph was Jianmei Li, who used to work with him at a trucking company. When Gibson asked if he had a sister named Burmaa, Chogsom said that Burmaa did not work with him and was in Mongolia at the time.
Chogsom also testified at trial and the jury was able to evaluate his credibility and his state of mind at the time of Gibson's interview.
Chogsom testified that he told the IRS agents that the woman in the photograph was "Jianmei Li," and that he did so in part because he "didn't want to � my sister get in trouble with that immigration � with her immigration status. On cross-examination, Chogsom admitted that when his sister first came to the United States, she used her real name�Burmaa Chogsom, and that she only started using the name Jianmei Li when she acquired a government ID over a year later. Chogsom also admitted that Burmaa Chogsom was his sister's "real name"�the name her parents gave her when she was born.
Chogsom also testified that when Agent Gibson showed him a picture of his sister, he recognized his sister and understood Gibson's question, and he told Gibson that the person in the picture was Jianmei Li. Viewing the evidence in the light most favorable to the government, a rational trier of fact could easily have found that Chogsom knowingly and willfully made a materially false statement in connection with a matter within the jurisdiction of a federal agency.
It is undisputed that Chogsom knowingly and willfully made a statement and that the statement concerned a matter within the jurisdiction of a federal agency�the IRS. The statement was also material as it directly related to IRS Agent Gibson's investigation into Tantchev's cash deposits and his efforts to identify an account holder named "Jianmei Li.
As to the falsity of Chogsom's statement, Chogsom himself testified that he viewed the photograph, knew the person in the photograph was his sister, Burmaa Chogsom, and told IRS Agent Gibson that the person's name was Jianmei Li in part because he did not want to get his sister in immigration trouble.
Chogsom also told Gibson that his sister, Burmaa had been in the United States, did not work for him, and was in Mongolia at the time of the interview. While Chogsom claims that he told Gibson the person in the photograph was Jianmei Li because that was the name his sister was using in America, given the evidence at trial, including Chogsom's testimony that his sister originally went by her given name when she came to the United States, the jury could reasonably have determined that Chogsom's explanation was not credible and that he provided the alias Jianmei Li and not his sister's "real name" because he wanted to avoid immigration problems.
See United States v. Gorman, F. Jarrett, F. Chogsom relies heavily on Rahman, F. In that case, the defendant was charged with making a false statement in connection with an arson investigation when he was asked about the location of his laptop computer with business records and he told the investigator that it was located inside his restaurant.
Investigators later found a laptop computer in his home that did not contain business records. The defendant provided evidence at trial that he had two laptop computers and that the computer with business records was separate from the computer found in his home, and was in fact in his restaurant at the time of fire.
The defendant testified that he had understood the agent's questions to be about the computer with his business records, and accordingly, he only mentioned the laptop in the restaurant. The court reversed the defendant's conviction for making a false statement because the defendant had two computers and the defendant answered the agent's question truthfully by telling him the location of his laptop computer that contained business records. This case, however, is distinguishable from Rahman.
Unlike in Rahman, here, Chogsom understood Agent Gibson's question and he was not confused about who Gibson was asking to him to identify. Chogsom knew that the person in the picture was his sister, Burmaa Chogsom, and given the evidence and his testimony, a rational trier of fact could reasonably have concluded that Chogsom intentionally provided his sister's American alias instead of her "real name" to mislead Gibson about her true identity and avoid problems with her immigration status.
The record here thus stands in contrast to Rahman where the evidence showed that the defendant may have been legitimately confused about which computer the agent was asking about Batmagnai Chogsom Queen and truthfully identified the laptop that he believed was relevant to the agent's investigation.
Here, viewing the evidence in the light most favorable to the government, there was sufficient evidence for the jury to reasonably conclude that Chogsom knowingly and willfully made a material false statement, and accordingly, the Court denies Chogsom's motion for a judgment of acquittal. See Gorman, F. Tantchev first moves for a judgment of acquittal on his convictions for exporting and attempting to export stolen vehicles�Counts One, Three, and Five. United States v.
Collazo-Martinez, F. Tantchev does not dispute that he exported and attempted to export stolen motor vehicles, but he argues that the government did not provide sufficient evidence that Tantchev knew that there were stolen vehicles in his shipping containers, and thus failed to prove the knowledge element of the offense.
Despite Tantchev's argument, the government provided sufficient evidence at trial from which the jury could reasonably find Tantchev knew, or deliberately avoided knowing, 2 that there were stolen vehicles in his shipping containers. At trial, as part of his lack of knowledge defense, Tantchev testified on direct examination that he was not involved in preparing the commercial invoices and packing lists that described the contents of the shipping containers.
On cross-examination, Tantchev admitted that he filled out some of the paperwork to give to Atlantic regarding the containers, but he claimed that he merely gave Atlantic the information he received from customers about the contents of the containers. Egle Kulbokas, Atlantic's general manager, testified, however, that Tantchev personally provided completed commercial invoices and packing lists to Atlantic for each of the shipping containers containing stolen vehicles. Kulbokas' testimony thus directly contradicted Tantchev's testimony.
Based on this contradiction, a reasonable jury could find that Tantchev was not credible, and that he was in fact lying both about not preparing the commercial invoices and packing lists and about not knowing what was in the shipping containers.
This is especially true in light of the liability Tantchev had for the Batmagnai Chogsom Years contents of the containers, as discussed in the next section. Accordingly, viewing the evidence in the light most favorable to the government, a "rational trier of fact" could have found Tantchev's claims about his lack of knowledge implausible and found that he did in fact have knowledge of the stolen vehicles in his shipping containers.
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