United States v. William Goldstein & Marc Bercoon (11th Cir. February 2021)
Eleventh Circuit, Fourth Amendment, Fraud Cases, Recent Circuit Cases
|In a fraud case involving wiretap evidence, the Eleventh Circuit affirmed the defendants’ convictions. The Court rejected the defendant’s arguments and held that 1) the evidence supporting probable cause in the wiretap affidavit was not stale because there was evidence the phone in question was still in use and the conspiracy was ongoing, and 2) the wiretap affidavit established necessity because, even though the Government already had enough evidence to convict the defendants, the stated goal of the wiretap was to discover the full scope of the conspiracy and identity of all co-conspirators.