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FAIRCLOTH v. FINESOD

No. 89-2788.

938 F.2d 513 (1991)

Phyllis FAIRCLOTH, Administratix of the Estate of Jiles T. Lynch, Plaintiff-Appellee, v. Herman FINESOD, Defendant-Appellant, and Jackie Fine Arts, Inc.; F. Peter Rose; L.A. Walker; C.S. Pulkinen; National Settlement Associates of South Carolina, Inc.; Marilyn Goldberg; Marigold Enterprises, Ltd.; Sigmund Rothschild, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 9, 1991.

Attorney(s) appearing for the Case

Elliot Silverman, argued (William B. Wachtel, on brief), Gold & Wachtel, New York City for defendant-appellant.

John Patrick Freeman, Columbia, S.C., for plaintiff-appellee.

Before HALL, Circuit Judge, BUTZNER, Senior Circuit Judge, and MULLEN, District Judge for the Western District of North Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

Herman Finesod appeals a judgment in excess of $4.3 million for fraud, civil conspiracy, and RICO, entered against him after a jury trial. Finesod did not appear at the trial. Nonetheless, we find that a pretrial error requires a reversal in part.

I.

This case arises from a tax avoidance scheme. Appellant Herman Finesod is a promoter of tax shelters. In late 1979, a Finesod-controlled company, Jackie Fine Arts, Inc.,

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