U.S. v. WEIDNER

Nos. 04-3084, 04-3118.

437 F.3d 1023 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Clinton Odell WEIDNER, II, and David C. Wittig, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 16, 2006.


Attorney(s) appearing for the Case

Bruce W. Simon, Kansas City, MO, for Defendant-Appellant Clinton Odell Weidner, II.

Steven A. Reiss, Weil, Gotshal & Manges LLP, New York, N.Y. (Jeffrey D. Morris, Berkowitz, Stanton, Brandt, Williams & Shaw, Prairie Village, KS, and Gregory S. Coleman, Lisa R. Eskow, and Meredith B. Parenti, Weil, Gotshal & Manges LLP, Austin, TX, with him on the briefs), for Defendant-Appellant David C. Wittig.

Richard L. Hathaway, Senior Litigation Counsel, Topeka, KS (Eric F. Melgren, United States Attorney, with him on the brief), for the Plaintiff-Appellee.

Before HENRY, LUCERO, Circuit Judges, and BRACK, District Judge.


HENRY, Circuit Judge.

This federal criminal prosecution arises out of a $1.5 million loan from David C. Wittig to Clinton Odell Weidner, II. In April 2001, when Mr. Wittig made the loan, Mr. Weidner was the president, chief executive officer, and general counsel of the Topeka, Kansas bank at which Mr. Wittig did business. The government alleged that Mr. Weidner and Mr. Wittig concealed the loan, and the jury agreed, convicting...

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