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U.S. v. HELLER

No. 87-5105.

866 F.2d 1336 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Edward H. HELLER and Robert M. Adler, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 10, 1989.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., John J. Klein, Criminal Div., Fraud Section, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Theodore J. Sakowitz, Federal Public Defender, Victor Martinez, Asst. Federal Public Defender, for Heller.

William W. Taylor, III, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., for Adler.

Before FAY and KRAVITCH, Circuit Judges, and LYNNE, Senior District Judge.

Rehearing and Rehearing In Banc Denied April 10, 1989.

KRAVITCH, Circuit Judge:

The government charged appellees Edward H. Heller and Robert M. Adler with having devised and implemented fraudulent tax shelters. A grand jury indicted Heller, the promoter, and Adler, a lawyer alleged to have given misleading advice in connection with the shelters, on five counts of mail fraud (18 U.S.C. § 1341) (counts one through five). Heller was also indicted on four...

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