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U.S. v. STURMAN

Nos. 90-3147, 90-3148, 90-3151 and 90-3750.

951 F.2d 1466 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. David A. STURMAN (90-3147); Ralph L. Levine (90-3148); Reuben Sturman (90-3151); and Melvin Kaminsky (90-3750), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 24, 1991.

Rehearing and Rehearing Denied January 8, 1992.

Attorney(s) appearing for the Case

Bernard A. Smith, Office of U.S. Atty., Stephen H. Jigger, Office of U.S. Atty., Organized Crime Strike Force Unit, Cleveland, Ohio, Frank J. Marine (argued and briefed), U.S. Dept. of Justice, Crim. Div., Washington, D.C., for plaintiff-appellee.

Arthur Wells, Jr., Berkeley, Cal., Alan M. Caplan (argued and briefed), Bushnell, Caplan & Fielding, San Francisco, Cal., for defendant-appellant David A. Sturman.

Paul J. Cambria, Jr., Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y. (argued and briefed), for defendants-appellants Ralph L. Levine and Melvin Kaminsky.

Jeremy A. Rosenbaum, J. Michael Murray (argued and briefed), Berkman, Gordon, Murray & Palda, Cleveland, Ohio, for defendant-appellant Reuben Sturman.

Before KENNEDY and MILBURN, Circuit Judges, and WILHOIT, District Judge.

Rehearing and Rehearing En Banc Denied January 8, 1992.

KENNEDY, Circuit Judge.

I. STATEMENT OF FACTS

On June 25, 1987, the defendants were charged with one count of conspiring to defraud the United States by impeding governmental functions. Reuben Sturman was also indicted on counts of attempted tax evasion, filing false income tax returns, willfully failing to maintain records and file reports, and one count of endeavoring to obstruct justice....

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