UNITED STATES of America, Appellee,
v.
John BRENNAN, President and Chief Executive Officer of United States Aviation Underwriters, Inc.; and United States Aviation Underwriters, Inc., Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 30, 1998.
Decided July 7, 1999.
Attorney(s) appearing for the Case
Alan B. Vickery, Assistant United States Attorney, Brooklyn, N.Y. (Zachary W. Carter, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., Peter A. Norling and Lee G. Dunst, Assistant United States Attorneys, Of Counsel), for Appellee.
Gerard E. Lynch, New York, N.Y. (Cynthia Soohoo, Howard Smith & Levin, LLP, New York, N.Y., Edward A. McDonald, Reboul, MacMurray, Hewitt, Maynard & Kristol, New York, N.Y., Of Counsel, David M. Zornow, Lawrence S. Spiegel, Skadden, Arps, Slate, Meagher & Flom, LLP, New York, NY, Timothy T. McCaffrey, General Counsel, United States Aviation Underwriters, Inc., New York, NY, On the Brief), for Defendant-Appellant John Brennan.
Andrew L. Frey, New York, N.Y. (Julie E. Katzman, Mayer, Brown & Platt, New York, N.Y., Of Counsel), for Defendant-Appellant United States Aviation Underwriters, Inc.
William F. Sheehan, Frederick C. Schafrick and Jeffrey C. Martin, Shea & Gardner, Washington, D.C. (On the Brief), for Amici Curiae, Assurance France Aviation, British Aviation Insurance Group, Ltd., La Reunion Aerienne, and Lloyd's Aviation Underwriters' Association.
David J. Grais, Michael C. Zeller, Felice Berkman Brewer, Grais & Phillips LLP, New York, N.Y. (On the Brief), for Amici Curiae, Alliance of American Insurers, American Insurance Association, National Association of Independent Insurers, National Association of Mutual Insurance Companies, and Reinsurance Association of America.
Eugene R. Anderson, Anderson Kill & Olick, P.C., New York, N.Y. (On the Brief), for Amicus Curiae, United Policyholders.
Before: NEWMAN and LEVAL, Circuit Judges, and WEXLER, District Judge.
United States Court of Appeals, Second Circuit.
LEVAL, Circuit Judge:
Defendants John Brennan and United States Aviation Underwriters, Inc. ("USAU") appeal from judgments of conviction entered July 25, 1997 in the United States District Court for the Eastern District of New York (Sifton, C.J.). Following a seven-week jury trial, defendants were found guilty of mail fraud under 18 U.S.C. § 1341. The charges stemmed from USAU's role in managing the insurance arrangements, claims, and litigation on behalf of...
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