Published on: Sunday, May 23, 2021

The Eleventh Circuit on Friday vacated fraud convictions because the trial court wrongly allowed an investigator to testify about the man’s credibility.

Hipps worked as a technical specialist for STAT Industry Inc. and assigned to a NASA contract for stainless steel threaded rods that were required to be made in the U.S. When the rods arrived from the direct supplier, Hipps was told to remove the labels and send them to NASA. He testified that he didn’t know the rods were manufactured overseas. Prosecutors accused Hipps of knowingly providing stainless steel threaded rods to NASA that were not actually manufactured in the U.S. He was charged with mail fraud, concealing a material fact, and making a false statement.

At trial, a NASA investigator testified on three separate occasions that he didn’t believe Hipps, and Hipps was convicted on all three counts. The Eleventh Circuit held that the district court plainly erred in allowing the agent to testify on the defendant’s credibility.

“Our precedent is clear that a witness may not testify as to the credibility of another witness in this manner,” the court said. “This record shows that such testimony does not help to explain the investigation or relay factual events; rather, it served to discredit Hipps.” The court vacated the convictions and remanded for a new trial.

The case is United States v. Hipps , No. 19-15155 (11th Cir. May 21, 2021).