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Wire Fraud Convictions Reversed, But Related Fraud, Laundering Convictions Upheld

By Shari Allison

U.S. v. Redcorn, -- F.3d --, 2008 WL 2332005 (10th Cir. 6/9/08) - reversal of wire fraud convictions of defendants who were also found guilty of embezzlement from a health care benefit program and money laundering. There was insufficient evidence to show that the defendants' transfers of funds to out-of-state investments accounts were part of the plot to defraud. The indictment was sufficient because it gave adequate notice to defendants that they needed to defend against embezzling from a health care benefit program. The court rejects the appellants' argument that the McCarran-Ferguson Act, which provides that state law generally governs insurance matters, preempts the applicable federal criminal statute. Defendants' Brady claim that the government withheld evidence was not raised below and did not meet the plain error standard...continue to full post

Full post as published by Tenth Circuit Blog on June 11, 2008 (boomark / email).