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  5. 912 F.2d 1486 (1990)
 

U.S. v. MADEOY

Nos. 87-3085, 87-3086 and 87-3088.

912 F.2d 1486 (1990)

UNITED STATES of America, v. Steven F. MADEOY, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1990.

Rehearing and Rehearing Denied October 16, 1990.

Attorney(s) appearing for the Case

James Hamilton, appointed by this Court, with whom Mary C. Albert was on the brief, for appellants Steven F. Madeoy and Jakey Madeoy in 87-3085 and 87-3086.

John W. Vardaman, appointed by this Court, with whom John P. Monahan was on the brief, for appellant Michael J. Friedman in 87-3088.

Thomas C. Black, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Asst. U.S. Atty., were on the brief for appellee in all cases. Steven C. Tabackman and Donald J. Allison, Asst. U.S. Attys., also entered appearances for appellee.

Before EDWARDS, WILLIAMS, and D.H. GINSBURG, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 16, 1990.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Appellants Steven Madeoy, Jakey Madeoy, and Michael Friedman were indicted for their participation in a scheme to defraud the Federal Housing Administration. The indictment alleged that the appellants

and others unjustly and illegally [enriched] themselves ... by receiving money from and on account...

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