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U.S. v. LEAHY

No. 03-4490, 03-4542, 03-4560.

445 F.3d 634 (2006)

UNITED STATES of America v. Paul J. LEAHY Appellant United States of America v. Timothy Smith Appellant. UNITED STATES OF AMERICA, v. Dantone, Inc. Appellant.

United States Court of Appeals, Third Circuit.

March 24, 2006.

Attorney(s) appearing for the Case

Robert E. Welsh, Jr. (Argued), Lisa A. Mathewson, Welsh & Recker, P.C., Philadelphia, PA, for Appellant Paul J. Leahy.

Jeffrey M. Miller (Argued), Nasuti & Miller, Philadelphia, PA, for Appellant Timothy Smith.

Ian M. Comisky (Argued), Matthew D. Lee, Blank Rome LLP, Philadelphia, PA, for Appellant Dantone, Inc.

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer (Argued), Assistant United States Attorney, Senior Appellate Counsel, Mary E. Crawley (Argued), Assistant United States Attorney, Office of the United States Attorney, Philadelphia, PA, for Appellee United States of America.

Before FUENTES, VAN ANTWERPEN, and BECKER, Circuit Judges.

FUENTES, Circuit Judge.

I. Introduction

For a period of almost three years, the Defendants, Dantone, Inc., and its two senior managers Paul Leahy and Timothy Smith, were retained by several banks to auction repossessed automobiles at the highest price and reimburse the proceeds, minus fees and expenses, to the banks. With respect to at least 311 automobiles, however, the Defendants did not auction the cars to the highest bidder and remit the proceeds to...

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