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U.S. v. BROWN

No. 08-20038.

571 F.3d 492 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James A. BROWN; Robert S. Furst; Daniel Bayly, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 16, 2009.

Attorney(s) appearing for the Case

Joseph Douglas Wilson (argued), San Francisco, CA, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Sidney Katherine Powell (argued), Torrence Evans Lewis, Law Offices of Sidney Powell, Asheville, NC, for Brown.

Paul E. Coggins, Fish & Richardson, P.C., Dallas, TX, for Furst.

Thomas A. Hagemann (argued), Gardere Wynne Sewell, Houston, TX, Lawrence Saul Robbins, Brian Arturo Perez-Daple, Alice Wan-Ping Yao, Robbins, Russell, Englert, Orsek & Untereiner, Washington, DC, for Bayly.

Before REAVLEY, WIENER, and SOUTHWICK, Circuit Judges.

REAVLEY, Circuit Judge:

The defendants in this interlocutory appeal, all former employees of Merrill Lynch, appear before us for the second time in connection with charges that they conspired to defraud the Enron Corporation and its shareholders by agreeing with Enron employees to "park" assets with Merrill Lynch in order to artificially enhance Enron's 1999 earnings. The assets at issue were power-generating barges located off the coast of Nigeria that Merrill Lynch...

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