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UNITED STATES v. FELDMAN

Nos. 83-1327, 83-1328, and 84-1264.

761 F.2d 380 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Richard FELDMAN and Richard Martenson, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 1, 1985.

As Amended May 3, 1985.

Attorney(s) appearing for the Case

E. David Rosen, Rosen & Rosen, Miami, Fla., Douglas W. Thomson, Thomson & Hawkins, St. Paul, Minn., John R. Wyldee, Rosen & Rosen, P.A., Miami, Fla., for defendants-appellants.

Alexander S. Vesselinovitch, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before WOOD and CUDAHY, Circuit Judges, and WISDOM, Senior Circuit Judge.

WISDOM, Senior Circuit Judge.

This case presents the question whether a deposition taken in an earlier civil proceeding is admissible in a later criminal prosecution. The defendants were found guilty of several counts of wire fraud from practices in connection with the sale of precious metal futures. The government's case relied heavily on the deposition of a former business associate taken without any cross-examination in an earlier civil

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