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U.S. v. McCORD

No. 93-8548.

33 F.3d 1434 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Michael McCORD and O.B. Haley, Sr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 26, 1994.

Attorney(s) appearing for the Case

Dan Guthrie, Dallas, TX, for Michael McCord.

Adrienne Urrutia, Asst. Federal Public Defender, Philip J. Lynch, Dan Newsome, Asst. Federal Public Defender, San Antonio, TX, for O.B. Haley, Sr.

Diane D. Kirstein, Richard L. Durbin, Jr., Asst. U.S. Atty's, James H. DeAtley, Acting U.S. Atty, San Antonio, TX, for U.S.

Before POLITZ, Chief Judge, and DUHÉ and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

This appeal principally concerns the convictions of Michael McCord and O.B. Haley, in connection with their roles as trustees in funding a bank employee stock ownership plan, for conspiracy to violate 18 U.S.C. § 1954 (proscribing improper payments to persons, such as trustees, who influence such plans), to include whether they satisfied § 1954's "bona fide compensation" exception to criminal liability. McCord also...

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