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U.S. v. PHILLIPS

Nos. 11-30195, 11-30234.

704 F.3d 754 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Mark E. PHILLIPS, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Mark E. Phillips, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 26, 2012.

Attorney(s) appearing for the Case

Lila Silverstein , Washington Appellate Project, Seattle, WA, for Defendant-Appellant-Cross-Appellee.

Jenny Durkan , United States Attorney, Matthew Diggs (argued) and Aravind Swaminathan , Assistant United States Attorneys, Seattle, WA, for Plaintiff-Appellee-Cross-Appellant.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and JED S. RAKOFF, Senior District Judge.

OPINION

RAKOFF, District Judge:

Mark Phillips, the former CEO of MOD Systems, Inc. ("MOD"), appeals from his conviction on four counts of wire fraud, one count of mail fraud, and two counts of money laundering.1 These seven counts related to the same basic scheme: Phillips's successful plan to fraudulently obtain funds from MOD and use those funds for his personal benefit. After a jury trial, the district court sentenced Phillips...

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