United States v. Sol C. Schwartz, Abe Chapman, and Frank C. Marolda

POOLE, Circuit Judge:

The United States appeals from the district court’s order excluding the testimony of former co-defendant Raymond F. Lane from the trial of Sol C. Schwartz, Frank C. Marolda and Abe Chapman on charges of violating 18 U.S.C. § 1954 (1982) (offer, acceptance or solicitation to influence operations of employee benefit plan). The government contends that the district court lacked authority to exclude Lane’s testimony absent a violation of the court’s pretrial discovery order. We agree, and we reverse the district court’s exclusionary order.

FACTS AND PROCEEDINGS BELOW

In United…