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Case 1:20-cr-00330-PAE Document 642 Filed 03/11/22 Page 30 of 66 for cause, but also his peremptory challenges.” United States v. Barnes, 604 F.2d 121, 139 (2d Cir. 1979) (internal quotations and citations omitted). “A juror’s dishonesty during voir dire undermines a defendant’s right to a fair trial.” Daugerdas, 867 F. Supp. 2d at 468; U.S. Const. amend. VI. “TA] party alleging unfairness based on undisclosed juror bias must demonstrate first, that the juror’s voir dire response was false and second, that the correct response would have provided a valid basis for a challenge for cause.” United States v. Stewart, 433 F.3d 273, 303 (2d Cir. 2006) (citing McDonough, 464 U.S. at 556). A defendant need not demonstrate prejudice when a juror gives a false answer to a material question during voir dire if the juror would have been subject to a challenge for cause if he had answered honestly. See United States v. Martinez-Salazar, 528 U.S. 304, 99 66 316 (2000) (the “seating of any juror who should have been dismissed for cause” “would require reversal”). When a biased juror deliberates on a jury, structural error occurs, and a new trial is required without a showing of actual prejudice. See Arizona v. Fulminante, 499 U.S. 279, 307-10 (1991). B. An intentionally false answer during voir dire is not a prerequisite to obtaining a new trial. “Intentionally false” juror answers are not a prerequisite to a finding that a defendant’s constitutional right to a fair and impartial jury have been violated. McDonough, 464 U.S. at 553-56; id. at 556-57 (Blackmun, J., concurring); id. at 557-59 (Brennan, J., concurring in judgment). So long as a truthful answer would have subjected the juror to a challenge for cause based on bias, an inadvertent false answer is just as 2e DOJ-OGR- 00009722