The Government argues that James Moore’s contention is meritless – verging on frivolous – and the motion for a new trial should be denied.
About a month after James Moore, a co-conspirator of Ponzi scammer Renwick Haddow, filed his motion for a new trial with the New York Southern District Court, the Government has made clear its opposition to the defendant’s arguments.
In a document filed with the Court on July 18, 2019, and seen by FinanceFeeds, the Government says Moore’s motion should be denied in its entirety.
The Indictment charged James Moore in two counts with participating in a conspiracy to defraud, and defrauding, investors in a business called “Bar Works” by assisting the false representation that the business was run by a non- existent individual named “Jonathan Black” and concealing the true identity of the company’s chief executive, a known fraudster named Renwick Haddow.
Last month, this Court presided over a week-long trial during which documents – including e-mails by and to the defendant – and the testimony of witnesses – including Haddow himself – made clear that the defendant was a knowing participant in the scheme to defraud investors in Bar Works.
Moore claims that counsel for the United States, during the government’s rebuttal portion of its closing argument, intentionally and improperly directed his comments to one specific juror.
In the document filed with the Court today, the Government says that “Moore now resorts to arguing that he should receive a new trial because of a prosecutor’s offhand remark during summations. The contention is meritless – verging on frivolous – and the motion for a new trial should be denied”.
The defendant argues that he is entitled to a new trial because the Government, in an remark, addressed one juror individually. Moore claims that this action constituted “clear, fundamental and prejudicial error that denied Mr. Moore of a fair trial.” But, according to the Government, at no point does the defendant articulate how the Government’s statement created prejudice, instead blithely suggesting that any instance in which the Government addresses an isolated comment at a single juror per se creates impermissible prejudice.
Moore, 58, of the United Kingdom and Miami, Florida, was convicted of one count of wire fraud and one count of wire fraud conspiracy. Each charge carries a maximum sentence of 20 years in prison.