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  5. 875 F.2d 1186 (1989)
 

U.S. v. MINARIK

Nos. 87-5477, 87-5750 and 87-5751.

875 F.2d 1186 (1989)

UNITED STATES of America, Plaintiff-Appellant (87-5477), Plaintiff-Appellee (87-5750, 87-5751), v. Bob MINARIK and Aline K. Campbell, Defendants-Appellees (87-5477), Defendants-Appellants (87-5750, 87-5751).

United States Court of Appeals, Sixth Circuit.

Decided May 18, 1989.

Rehearing Denied August 7, 1989.

Attorney(s) appearing for the Case

Joe B. Brown, U.S. Atty., William T. Warren, III, Nashville, Tenn., Michael L. Paup, Chief, Appellate Section, Tax Div., Dept. of Justice, Roger M. Olsen, William S. Rose, Jr., Robert E. Lindsay, Gail Brodfuehrer (argued), Gary R. Allen, Washington, D.C., for U.S.

Donald Dawson (argued), Asst. Public Defender, Nashville, Tenn., William A. Cohan (argued), Darold W. Killmer, Jennifer A. Greene, Denver, Colo., for defendants-appellees.

Before: MERRITT and NORRIS, Circuit Judges; and HACKETT, District Judge.

Rehearing Denied in No. 87-5477 August 7, 1989.

MERRITT, Circuit Judge.

This criminal fraud cause is brought under the second, or "defraud," clause of 18 U.S.C. § 371, rather than the first, or "offense" clause. Section 371 reads as follows:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more...

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