U.S. v. SCOTT

Nos. 92-3175, 92-3250, 92-3255 to 92-3258, 92-3265 and 92-3291.

37 F.3d 1564 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Robert D. SCOTT, Edward T. Skinner, Alex Yung, Steven J. Hemsley, Conrad L. Caldwell, James M. Peterson, IV, James M. Peterson, Mary M. Wilson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 23, 1994.


Attorney(s) appearing for the Case

R. Bruce Kips, Fairway, KS, for defendant-appellant Alex Yung.

Larry C. Pace, Kansas City, KS, for defendant-appellant Steven J. Hemsley.

Robert W. Manske, Olathe, KS, for defendant-appellant Conrad L. Caldwell.

William A. Cohan (Jennifer A. Greene, also of Cohan & Greene, Encinitas, CA, with him on the briefs), for defendants-appellants James M. Peterson and James M. Peterson, IV.

Defendant-appellant Mary M. Wilson submitted on briefs by Thomas L. Bolding, Kansas City, KS.

Defendants-appellants Robert D. Scott and Edward T. Skinner submitted on briefs, pro se.

Karen M. Quesnel, Atty., Tax Div., Dept. of Justice (Michael L. Paup, Acting Asst. Atty. Gen., Robert E. Lindsey and Alan Hechtkopf, Attys., Tax Div., Dept. of Justice, Washington, DC; of counsel, Randy Rathburn, U.S. Atty., Wichita, KS, with her on the brief), for plaintiff-appellee.

Before SEYMOUR, Chief Judge, McKAY and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

In this opinion we address the direct criminal appeals of eight defendants — Robert D. Scott, Edward T. Skinner, Alex Yung, Steven J. Hemsley, Conrad L. Caldwell, James M. Peterson, James M. Peterson, IV, and Mary M. Wilson — who were tried together and convicted in a jury trial of conspiracy to defraud the United States, in violation of 18 U.S.C. § 371. The conspiracy alleged was to defraud by impeding, obstructing, and defeating...

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