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U.S. v. TRAPILO

No. 111, Docket 97-1011.

130 F.3d 547 (1997)

UNITED STATES of America, Appellant, v. Robert TRAPILO, also known as Sealed Deft. 1, Lyle David Pierce, III, also known as Joe Boy; Regina Pierce, also known as Sealed Deft. 3, and Wayne Stehlin, also known as Sealed Deft. # 7, Defendants-Appellees, Carl Tarbell, also known as Sealed Deft. #4, also known as Jake; Patricia Tarbell, also known as Sealed Deft. # 5, also known as Patty, and Arthur Tarbell, also known as Sealed Deft. # 6, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 5, 1997.

Attorney(s) appearing for the Case

Gregory A. West, Assistant United States Attorney, Northern District of New York, Syracuse, N.Y. (Thomas J. Maroney, United States Attorney for the Northern District of New York, Syracuse, NY, of counsel), for Appellant.

K. Michael Sawicki, Buffalo, NY (Zdarsky, Sawicki & Agostinelli, Buffalo, NY, of counsel), for Appellee Lyle David Pierce, III.

Marsha A. Hunt, Syracuse, NY, for Appellee Regina Pierce.

Kevin E. McCormack, Hancock & Estabrook, on the brief, for Appellee Robert Trapilo.

Before: MESKILL and JACOBS, Circuit Judges, and KORMAN, District Judge.

MESKILL, Circuit Judge:

This appeal presents the question whether a scheme to defraud the Canadian government of tax revenue is cognizable under the federal wire fraud statute, 18 U.S.C. § 1343. In addressing that issue, the district court adopted the reasoning of the First Circuit in United States v. Boots, 80 F.3d 580 (1st Cir.), cert. denied, ___ U.S. ___, 117 S.Ct....

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