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U.S. v. OFFILL

No. 10-4490.

666 F.3d 168 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Windom OFFILL, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2011.

Attorney(s) appearing for the Case

ARGUED: George Kostolampros , Venable, LLP, Washington, D.C., for Appellant. Patrick Friel Stokes , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Ronald M. Jacobs , Stephen H. Swart , Venable, LLP, Washington, D.C.; Michael S. Nachmanoff , Federal Public Defender, Kevin R. Brehm , Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Neil H. MacBride , United States Attorney, David B. Goodhand , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia; Lanny A. Breuer , Assistant Attorney General, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Judge WILKINSON joined.

OPINION

NIEMEYER, Circuit Judge:

A jury convicted Phillip Offill on one count of conspiracy to commit securities registration violations, securities fraud, and wire fraud, in violation of 18 U.S.C. § 371, and nine counts of wire fraud, in violation of 18 U.S.C. § 1343. The indictment alleged that Offill had participated in a "pump and dump" securities scheme, which was designed to evade securities registration requirements, artificially inflate...

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