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U.S. v. McKAY

Docket No. 00-1549.

274 F.3d 755 (2001)

UNITED STATES of America, Appellee, v. David McKAY, Defendant, Brian McKay, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 21, 2001.

Attorney(s) appearing for the Case

James Miskiewicz, Assistant United States Attorney, for Loretta E. Lynch, United States Attorney, Eastern District of New York, Brooklyn, NY, (Cecil C. Scott, on the brief), for Appellee.

Norman Trabulus, New York, NY, Storch, Amini & Munves, P.C., for Defendant-Appellant.

Before: VAN GRAAFEILAND, KEARSE, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge.

The indictment charged Brian McKay, inter alia, with a substantive violation of 18 U.S.C. § 641, as well as conspiracy to violate that statute, through a scheme to steal funds from the rent subsidy program of the United States Department of Housing and Urban Development ("HUD"), governed by Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f ("Section 8"). The principal issue on appeal is whether the evidence...

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