U.S. v. WEAVER

Nos. 01-10438, 01-10504.

290 F.3d 1166 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Sandra L. WEAVER; Richard Buschman, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2002.


Attorney(s) appearing for the Case

William A. Cohan, William A. Cohan, P.C., San Diego, California, argued the cause for appellant Weaver.

Michael B. Bigelow, Sacramento, California, argued the cause for appellant Buschman.

Robin R. Taylor, Assistant United States Attorney, Sacramento, California, argued the cause for appellee United States of America. John K. Vincent, United States Attorney, was on the briefs.

Before: O'SCANNLAIN and TALLMAN, Circuit Judges, and KING, District Judge.


O'SCANNLAIN, Circuit Judge.

We must decide whether the "purchase" element of the crime of equity skimming requires proof of the exchange of adequate consideration.

I

Appellants Sandra Weaver and Richard Buschman, together with several co-defendants not involved in this appeal, were indicted, charged with multiple counts of mail fraud and with one count of equity skimming, and subsequently convicted after a bench trial.1

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