United States v. Sun Myung Moon and Takeru Kamiyama

While fully concurring in the other portions of Judge Cardamone’s lucid and careful opinion, I am required to dissent to that portion of it relating to the trial judge’s charge on the law of trusts. Majority op. IIIA. Contrary to the Government’s brief and the majority’s view that “Moon did not raise until late in the trial” the claim that he was holding the assets in question in trust, this was his position in the pretrial motion to dismiss as well as during argument on the midtrial motion for a judgment of acquittal. The trial judge quite properly acknowledged his obligation to charge on…