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U.S. v. BERGER

Docket Nos. 99-1671 to 99-1674.

224 F.3d 107 (2000)

UNITED STATES of America, Appellee, v. Chaim BERGER and Avrum David Friesel, a/k/a "David Friesel," a/k/a "Avraham Friesel," a/k/a "A. David Friesel," a/k/a "Aron Friesel," Defendants, Kalmen Stern, David Goldstein, Esq., Jacob Elbaum, a/k/a "Yitzchok Elbaum," and Benjamin Berger, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 25, 2000.

As Amended October 13, 2000.

Attorney(s) appearing for the Case

Nathan Lewin, Miller, Cassidy, Larroca & Lewin, L.L.P., Washington, DC (James R. Heavner, Jr., Miller, Cassidy, Larroca & Lewin, L.L.P., Washington, DC, Elkan Abramowitz, Morvillo, Abramowitz, Grand, Iason & Silberg, P.C., New York, NY, and Charles A. Stillman, New York, NY, of counsel, on the brief) for Defendants-Appellants Kalmen Stern and Jacob Elbaum.

Harvey M. Stone, Schlam Stone & Dolan, New York, N.Y. (Nathan Lewin, James R. Heavner, Jr., Miller, Cassidy, Larroca & Lewin, L.L.P., Washington, DC, and Michael Rosen, New York, NY, of counsel, on the brief) for Defendant-Appellant David Goldstein

Michael F. Armstrong, Kirkpatrick & Lockhart, LLP, New York, N.Y. (Nathan Lewin, James R. Heavner, Jr., Miller, Cassidy, Larroca & Lewin, L.L.P., Washington, DC, of counsel, on the brief) for Defendant-Appellant Benjamin Berger.

Deborah E. Landis, Assistant United States Attorney (Mary Jo White, United States Attorney, Joanna C. Hendon, Christine H. Chung, Assistant United States Attorneys, of counsel, on the brief), Southern District of New York, New York, N.Y. for Appellee.

Before: CARDAMONE, MINER, and WALKER, Circuit Judges.

AMENDED OPINION

JOHN M. WALKER, JR., Circuit Judge:

Defendants-appellants Kalmen Stern ("Stern"), David Goldstein ("Goldstein"), Jacob Elbaum ("Elbaum"), and Benjamin Berger ("Berger") appeal from the November 1999 judgments of conviction entered and sentences imposed by the district court upon jury verdicts of guilty. They raise a number of issues on appeal. First, and most importantly, the appellants allege that they were improperly convicted of the fraud...

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