ELR Citation: 44 ELR 20266
No(s). 13-2540, -2310 (2d Cir. Dec 4, 2014)

The Second Circuit vacated individuals' convictions for making false statements and conspiring to violate CERCLA. The jury instructions stated that because the defendant has an interest in the outcome of the trial, he has a motive to testify falsely and that the jury should bear this in mind when evaluating the credibility of his testimony. This instruction was clearly erroneous in light of prior case law and prejudiced the defendants on the false statement and conspiracy counts. The defendant's convictions on these counts were therefore vacated. However, it is not reasonably probable that the erroneous instruction affected the outcome of the substantive CERCLA count given the considerable evidence supporting the government's case. Likewise, the government presented sufficient evidence on its obstruction of justice count. These two convictions were therefore affirmed, but the sentences were vacated and remanded for further proceedings.