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U.S. v. GRAF

No. 07-50100.

610 F.3d 1148 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. James L. GRAF, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2010.

Attorney(s) appearing for the Case

Mark C. Krause (argued), Jill T. Feeney (argued), Michael J. Raphael, Christine C. Ewell, United States Attorney's Office, Los Angeles, CA; George S. Cardona, Acting United States Attorney, for plaintiff-appellee, United States of America.

Mary F. Gibbons (argued), Toms River, NJ; Phillip A. Treviño, Law Offices of Phillip A. Treviño, Los Angeles, CA, for defendant-appellant, James L. Graf.

Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and FREDERIC BLOCK, District Judge.

TALLMAN, Circuit Judge:

Once again we examine the complex relationship between corporate employees and corporate counsel—a delicate issue that can become particularly problematic when the latter are called to testify in opposition to the former during a criminal trial against the corporation's former officers. Defendant-Appellant James L. Graf was a founder of, and ostensible consultant to, Employers Mutual LLC ("Employers Mutual"), a Nevada corporation that...

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