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Memorandum and Order on Defendant’s Motion for Order Allowing Post-Trial Contact with Jurors Saylor, C.j — No. 1:23-cr-10299 (Dkt. 137, D. Mass.)

Summary

Memorandum and order of November 12, 2024 by Chief Judge F. Dennis Saylor IV in the District of Massachusetts, United States v. Dean A. Tran, case 1:23-cr-10299, Dkt. 137. It records that in September 2024, after a seven-day trial, a jury convicted Tran on 20 counts of wire fraud and three counts of filing false tax returns, and that the government dismissed five wire fraud counts on which the jury could not agree. Tran asked for leave to contact jurors after the verdict. The court denied it, finding no sign of juror misconduct or any extraordinary situation, with sentencing set for December 11, 2024.

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“Memorandum and Order on Defendant’s Motion for Order Allowing Post-Trial Contact with Jurors Saylor, C.j — No. 1:23-cr-10299 (Dkt. 137, D. Mass.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/memorandum-and-order-on-defendant-s-motion-for-order-allowing-post-tri-2a8b94f56d/, SHA-256 daa25ab5a9c21b92aae7e1d4737b19eeedef126e405096fe5c5daf096a285e3c.

Full text

         Case 1:23-cr-10299-FDS Document 137 Filed 11/12/24 Page 1 of 2




                            UNITED STATES DISTRICT COURT
                             DISTRICT OF MASSACHUSETTS

_______________________________________
                                       )
UNITED STATES of AMERICA               )
                                       )                      Criminal No.
      v.                               )                      23-10299-FDS
                                       )
DEAN A. TRAN,                          )
                                       )
            Defendant.                 )
_______________________________________)

            MEMORANDUM AND ORDER ON DEFENDANT’S MOTION
          FOR ORDER ALLOWING POST-TRIAL CONTACT WITH JURORS


SAYLOR, C.J.

        In September 2024, after a seven-day trial, defendant Dean Tran was convicted by a jury

of 20 counts of wire fraud in violation of 18 U.S.C. § 1343 and three counts of filing false tax

returns in violation of 26 U.S.C. § 7206(1). The jury reported that it was unable to reach a

verdict as to five counts of wire fraud, and the government dismissed those five counts soon after

the jury returned its verdict. Defendant’s sentencing is currently scheduled for December 11,

2024.

        Two weeks after the verdict, defendant renewed his motion for a judgment of acquittal

under Fed. R. Crim. P. 29(c). Defendant has now filed a motion, unaccompanied by any

supporting memorandum of law, seeking an order authorizing defense counsel to “solicit post-

trial contact with the jurors.” For the following reasons, that request will be denied.

        The First Circuit has long “prohibit[ed] the post-verdict interview of jurors by counsel,

litigants or their agents except under the supervision of the district court, and then only in such

extraordinary situations as are deemed appropriate.” United States v. Kepreos, 759 F.2d 961,

967 (1st Cir. 1985). “Extraordinary situations” appropriate for post-verdict jury interview are
         Case 1:23-cr-10299-FDS Document 137 Filed 11/12/24 Page 2 of 2




generally limited to cases with strong evidence that a jury improperly reached a verdict. See

United States v. Boylan, 898 F.2d 230, 258 (1st Cir. 1990). As there is no indication that the jury

improperly reached a verdict, that there was any juror misconduct, or that this case is otherwise

an “extraordinary situation” appropriate for post-verdict interviews, the motion is DENIED.



So Ordered.


                                                 /s/ F. Dennis Saylor IV
                                                 F. Dennis Saylor IV
Dated: November 12, 2024                         Chief Judge, United States District Court




                                                2

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