UNITED STATES V. MONTGOMERY
384 F.3d 1050 (9th Cir. 2004)
NATURE OF THE CASE: Montgomery (D) was convicted of conspiring to commit mail fraud and
committing mail fraud. D challenged the district court's denial of his claim that the
marital privilege excludes evidence of his wife's communications to him.
FACTS: D and his wife formed Sun Village Realty a property management business. The
company entered into contracts with the owners of vacation houses and in return for a
twenty-five to thirty percent commission, rented out the properties. The contract did not
provide for, nor expressly prohibit, use of the vacation houses, or 'units,' by Sun Village,
its employees or its guests without notice and compensation to the owner. D's wife oversaw
the reservation office from 1989 until October 1992, when O'Connor (D1) moved to Sunriver to
assist D, her brother, with legal issues unrelated to this case. O'Connor assumed
responsibility for the owners' statements. In 1994, D's wife noticed 'very unusual
situations with reservations and money.' She suspected that D1 was diverting money from
owners by assigning reservations to units that were no longer managed by Sun Village and by
deleting reservations. D's wife discussed the matter in a letter to D expressing outrage and
possible criminal activity. But she subsequently joined the conspiracy and began omitting
one night rentals from the owners' statements and creating inaccurate owners' statements.
Owners became suspicious. Ds used the excuse that a computer or bookkeeping error had
probably occurred. They also allowed staff and themselves to occupy the units without
paying. The IRA executed a search of Sun Village's business records and D's residence. D's
wife's letter was seized from their bedroom. D's wife agreed to cooperate with the
government and to testify against D and D1. Ds were convicted. D appealed contending that
the district court erred by not permitting him to claim the marital communications privilege
to exclude from trial his wife's correspondence and his wife's testimony about conversations
with him.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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