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United States v. Weiner

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eBook details

  • Title: United States v. Weiner
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 11, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

SILER, Circuit Judge. Defendants, Kenneth A. Weiner, Steven M. Lewin, and Alvin B. Gendelman (now deceased), were convicted, after a trial lasting almost four months, of several counts which included wire fraud, 18 U.S.C. § 1343; mail fraud, 18 U.S.C. § 1341; interstate transportation of property taken by fraud, 18 U.S.C. § 2314; conspiracy to defraud the United States, 18 U.S.C. § 371; and filing false income tax returns, 26 U.S.C. § 7206(1). Weiner was convicted on all counts submitted to the jury against him, Lewin was convicted of all but one count submitted against him, and Gendelman was convicted on all but five counts submitted against him. Weiner was sentenced to an aggregate term of ten years on his convictions, and the other two defendants were sentenced to three years. Because of Gendelmans death, this appeal only involves the convictions of Weiner and Lewin. Defendants have raised many issues, including whether the district court erred by allowing the introduction of evidence concerning Weiners cooperation with the government, the results of a polygraph examination of Weiner, opinion evidence by an FBI agent concerning Weiners credibility, civil judgments obtained against Weiner by victims of the fraudulent scheme, and co-conspirator hearsay statements. In addition, the defendants have asserted that the district court should have granted a severance and erred in its jury charge by failing to instruct on multiple conspiracies and failing to explain willfulness in filing the false tax returns. For reasons stated herein and in the unpublished appendix, we affirm the judgment of the district court.


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