U.S. v. REITMEYER

No. 02-5151.

356 F.3d 1313 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Douglas REITMEYER; Don Sparkman; James Alton Watson; Daniel Joseph Eaton; James Roger Craddock; North American Construction Corporation; Evi Charrington Environmental, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 4, 2004.


Attorney(s) appearing for the Case

Richard A. Friedman (David E. O'Meilia, United States Attorney; Kenneth P. Snoke, Assistant United States Attorney; Douglas A. Horn, Assistant United States Attorney, Tulsa, OK, with him on the briefs), Department of Justice, Washington, D.C., for Plaintiff-Appellant.

R. Thomas Seymour (C. Robert Burton, IV, of Seymour Law Firm, Tulsa, OK, with him on the brief for Defendant-Appellee Reitmeyer; James C. Lang, G. Steven Stidham, and Brian S. Gaskill of Sneed Lang, P.C., Tulsa, OK, on the brief for Defendant-Appellee James Alton Watson; John E. Dowdell and Marichiel A. Lewis of Norman Wohlgemuth Chandler & Dowdell, Tulsa, OK, on the brief for Defendant-Appellee Joseph Eaton; William G. Rosch III of Rosch & Ross, Houston, TX, on the brief for Defendant-Appellee James Roger Craddock; Burck Bailey and Warren F. Bickford of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK, adopted by reference briefs of all Defendants-Appellees, for Defendant-Appellee Don Sparkman), of Seymour Law Firm, Tulsa, OK, for Defendants-Appellees.

Before O'BRIEN, Circuit Judge, BRORBY, Senior Circuit Judge, and LUNGSTRUM, District Judge.


BRORBY, Senior Circuit Judge.

The government appeals the district court's dismissal of its indictment on statute of limitations grounds. The indictment charged certain companies and five company officers with "execut[ing] and attempt[ing] to execute a scheme to defraud the United States and to obtain money from the United States by false pretenses" in violation of the Major Fraud Act, 18 U.S.C. § 1031(a). Exercising jurisdiction under 18 U.S.C. § 3731 and...

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