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U.S. v. SOARES

No. 92-10574.

998 F.2d 671 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Paul F. SOARES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1993.

Attorney(s) appearing for the Case

Marcus S. Topel, Daniel F. Cook and Stephen N. Adams, Topel & Goodman, San Francisco, CA, for defendant-appellant.

Robert K. Crowe, Asst. U.S. Atty., San Francisco, CA, for plaintiff-appellee.

Before: FAIRCHILD, BEEZER, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

On June 13, 1990, a federal grand jury returned a seven count indictment against defendant Paul Fairfax Soares. The indictment charged Soares with four counts of having received kickbacks "because of" his fiduciary position as the investment advisor for an employee pension plan, in violation of 18 U.S.C. § 1954 (counts one through four), and with three counts of embezzling money from the same employee pension plan, in violation of 18 U...

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