Government must show defendant failed to comply with SEC reporting requirements to convict for fraudulent filing
SUFFICIENCY OF EVIDENCE United States v. Lake, No. 06-3140, ___ F.3d ___ (10th Cir. Jan. 5, 2007)(Kansas). Appeal of multiple convictions for wire fraud, money laundering, and conspiracy. HELD: Defendants' multiple convictions for wire fraud, money laundering, and conspiracy are reversed. All counts of indictment depended on proof of defendants' efforts to conceal from United States Securities and Exchange Commission (SEC) their personal use of corporate aircraft. Government produced no evidence that defendants' failed to comply with SEC regulations governing reporting of such use and jury was never instructed on SEC's reporting requirements. Read the opinion here. |
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