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U.S. v. WARSHAK

Nos. 08-3997, 08-4085, 08-4087, 08-4212, 08-4429, 09-3176.

631 F.3d 266 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Steven WARSHAK (08-3997/4085; 09-3176); Harriet Warshak (08-3997/4087/4429); TCI Media, Inc. (08-3997/4212), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 14, 2010.

Attorney(s) appearing for the Case

ARGUED: Martin S. Pinales , Strauss & Troy, Cincinnati, Ohio, Martin G. Weinberg , Boston, Massachusetts, for Appellants. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Martin S. Pinales , Candace Crouse, Strauss & Troy, Cincinnati, Ohio, Martin G. Weinberg , Boston, Massachusetts, Robert M. Goldstein , Boston, Massachusetts, for Appellants. Anne L. Porter , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. Kevin S. Bankston , Electronic Frontier Foundation, San Francisco, California, for Amici Curiae.

BOGGS, J., delivered the opinion of the court, in which McKEAGUE, J., joined. KEITH, J. (pp. 333-36), delivered a separate opinion concurring in the result.

OPINION

BOGGS, Circuit Judge.

Berkeley Premium Nutraceuticals, Inc., was an incredibly profitable company that served as the distributor of Enzyte, an herbal supplement purported to enhance male sexual performance. In this appeal, defendants Steven Warshak ("Warshak"), Harriet Warshak ("Harriet"), and TCI Media, Inc. ("TCI"), challenge their convictions stemming from a massive scheme to defraud Berkeley's customers. Warshak and Harriet also challenge their...

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