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U.S. v. RIGAS

Docket Nos. 05-3577-cr(L), 05-3589-cr(CON).

490 F.3d 208 (2007)

UNITED STATES of America, Appellee, v. Timothy J. RIGAS and John J. Rigas, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: May 24, 2007.

Attorney(s) appearing for the Case

John W. Nields, Jr., Howery LLP, Washington, DC (Laura S. Shores, Jason C. Raofield, John F. Stanton, on brief), for Defendant-Appellant Timothy J. Rigas.

Paul Shechtman, Stillman, Friedman & Shechtman, P.C., New York, N.Y. (Peter Fleming, Jr., Benard V. Preziosi, Jr., Jonathan Harris, and Julie V. Withers, Curtis Mallet-Prevost Colt & Mosle LLP, New York, NY), for Defendant-Appellant John J. Rigas.

Richard D. Owens, Assistant United States Attorney for the Southern District of New York, New York, N.Y. (Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, Celeste L. Koeleveld, Assistant United States Attorney for the Southern District of New York, New York, NY, of counsel, on brief), for Appellee United States.

Before: MESKILL, JOSÉ A. CABRANES, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

Defendants Timothy J. Rigas and John J. Rigas ("Defendants") appeal from a judgment of conviction following a jury trial in the United States District Court for the Southern District of New York (Sand, J.). Defendants were convicted of conspiracy to commit securities fraud, conspiracy to make and cause to be made false statements in filings with the SEC, and conspiracy to commit bank fraud under 18 U.S.C. § 371 (Count One);

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