Nos. 06-5206, 06-5207.

528 F.3d 727 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Wakon Iron REDCORN, Jr., and Bradley N. Frost, Defendants-Appellants, State of Oklahoma ex rel. Kim Holland, Insurance Commissioner, in her capacity as Oklahoma Insurance Commissioner and as receiver for Heritage National Insurance Company, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 9, 2008.

Attorney(s) appearing for the Case

Kenneth P. Snoke, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.

Robert R. Nigh, Jr., (Clark O. Brewster with him on the brief), Brewster & De Angelis, Tulsa, OK, for Defendant-Appellant Bradley N. Frost.

Stanley D. Monroe, Attorney at Law, Tulsa, OK, for Defendant-Appellant Wakon Iron Redcorn, Jr.

Daniel D. Draper, III, Draper Law Firm, Owasso, OK, and Michael W. Ridgeway, General Counsel, Oklahoma Insurance Department, Oklahoma City, OK, for Amicus Curiae the State of Oklahoma ex rel. Kim Holland, Insurance Commissioner, in support of Plaintiff-Appellee.

Before O'BRIEN, BALDOCK and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Appellants Bradley N. Frost and Wakon Iron Redcorn, Jr., were the president and the chief financial officer of Heritage National Insurance Company (HNIC), an Oklahoma health insurer. Using their positions, they managed between them to bleed the company of some $1.7 million. On January 6, 2006, they were indicted in federal district court on charges of embezzlement from a health care benefit program, wire fraud, and money laundering. A jury...

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