U.S. v. BROWN

No. 93-4063.

79 F.3d 1550 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. David F. BROWN, Tore T. DeBella, Richard A. Reizen, Robert F. Ehrling, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 16, 1996.


Attorney(s) appearing for the Case

Benedict P. Kuehne, Jon A. Sale, Miami, FL, Robert B. Fiske, Jr. and Carey R. Dunne, Davis Polk Wardwell, New York City, and Steven M. Edwards, Davis, Scott, Weber & Edwards, New York City, for David Brown.

Clark Mervis, Miami, FL, for Tore T. DeBella.

Richard Sharpstein, Miami, FL, for Richard Reizen.

Joel Hirschhorn, Coral Gables, FL, for Robert Ehrling.

Kendall Coffey, U.S. Attorney, Norman Moscowitz, Miami, FL, Linda Collins Hertz and Carol Herman, Asst. U.S. Attys., U.S. Attorney's Office, Miami, FL, for the U.S.

Before KRAVITCH and EDMONDSON, Circuit Judges, and EISELE, Senior District Judge.


EDMONDSON, Circuit Judge:

This appeal is one by four defendants, formerly executives with General Development Corporation ("GDC"), who were convicted of defrauding and conspiring to defraud home buyers throughout the 1980's. Their guilt was not proved: insufficient evidence was presented that a scheme reasonably calculated to deceive persons of ordinary prudence and comprehension was devised. We reverse the convictions.

I.

In the 1950's, GDC began...

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