Berger v. United States

Berger (defendant) was convicted of conspiring to pass counterfeit money based largely on the testimony of a co-conspirator with a lengthy criminal record who had pleaded guilty and agreed not to be prosecuted in exchange for testifying. Throughout trial, the federal prosecutor misstated facts, assumed facts not in evidence, badgered and argued with witnesses, implied personal knowledge that witnesses were lying, and falsely suggested one witness who struggled to identify Berger actually knew him well, while also claiming the defense had an unfair advantage in cross-examining witnesses. The trial judge sustained some objections and told the jury to disregard certain comments but denied a mistrial, and after Berger's conviction, he appealed on grounds of prosecutorial misconduct and insufficient evidence.