UNITED STATES v. BRANKER

Nos. 271, 272, Dockets 30935, 30936.

395 F.2d 881 (1968)

UNITED STATES of America, Appellee, v. Percy BRANKER, Grover Cooper, John L. Lacey, David Lopez, Charles Moore and John A. Ross, Jr., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 13, 1968.


Attorney(s) appearing for the Case

A. Edward Grashof, New York City, (John T. Baker, New York City, on the brief), for appellant Branker.

Alan B. Adler, Yonkers, N. Y. (Adler & Adler, Yonkers, N. Y., on the brief), for appellant Cooper.

John F. X. Peloso, New York City, for appellant Lacey.

Louis Bender, New York City (Lloyd A. Hale, New York City, on the brief), for appellant Lopez.

Albert J. Krieger, New York City (Leonard H. Sandler, New York City, on the brief), for appellant Moore.

Sidney Meyers, New York City, for appellant Ross.

John E. Sprizzo, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, and David M. Dorsen and James W. Brannigan, Jr., Asst. U. S. Attys., on the brief), for appellee.

Before KAUFMAN and HAYS, Circuit Judges, and RYAN, District Judge.


HAYS, Circuit Judge:

The six appellants,1 two of whom are former employees of the Internal Revenue Service and four of whom are persons with whom these employees dealt, were convicted after a nine-week jury trial of various offenses arising out of fraudulent schemes to avoid payment of income taxes and to obtain tax refunds to which the recipients were not entitled. Appellants were tried together with two other defendants

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