This section contains the nature of the case and procedural background.

Scales (D) was indicted for his involvement in a conspiracy to embezzle and misapply funds from his union's local chapter. He was the business manager of that chapter. He was also charged with committing a number of overt acts, including the improper receipt of payments for expenses, the personal use of union funds, and the fraudulent taking of interest-free loans of union funds. At his trial, the government (P) produced 25 witnesses and 161 exhibits, including Exhibit 145, a summary exhibit of the charges in the indictment and part of P's proof. Agent Tosi, who prepared the exhibit, testified in connection with the exhibit that he was familiar with the documents. D was convicted of some of the charges and appealed, claiming that the admission of Exhibit 145 and Tosi's testimony was prejudicial error.

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