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U.S. v. ELY

Nos. 96-30070, 96-30072 to 96-30075, and 96-30130.

142 F.3d 1113 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Robert S. ELY, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Robert S. ELY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ralph E. WHITMORE, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Ralph E. WHITMORE, Jr., Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. William S. SWAIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. H. Derrell SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1997.

Amended April 23, 1998.

Attorney(s) appearing for the Case

Joseph W. Bottini, Asst. U.S. Atty., Anchorage, AK, for U.S.

William Bankston, Bankston, McCollum, Anchorage, AK, Walter Share, Seattle, WA, for McSwain.

James H. McComas, Friedman Rubin, White, Anchorage, AK, for Ely.

Ronald A. Offret, Anglietti & Offret, Anchorage, AK, for Smith.

Rich Curtner and Kevin F. McCoy, Asst. Fed. Public Defenders, Anchorage, AK, for Whitmore.

Before: WALLACE, NOONAN, and THOMPSON, Circuit Judges.

NOONAN, Circuit Judge.

The United States appeals the dismissal of certain counts of an indictment charging the named defendants with various forms of fraud on Alaska Statebank (Statebank), a federally-insured bank of which they were directors. The district court ruled that the counts in question stated bad banking practices but did not charge crimes. Reviewing the sufficiency of the allegations in the indictment as a matter of law, and of course not determining the...

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