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UNITED STATES v. GATTO

Docket Nos. 19-0783-cr; 19-0786-cr; 19-0788-cr August Term 2019.

986 F.3d 104 (2021)

UNITED STATES of America, Appellee, v. James GATTO, aka Jim, Merl Code, Christian Dawkins, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: January 15, 2021.

Attorney(s) appearing for the Case

Edward B. Diskant , Assistant United States Attorney ( Aline R. Flodr , Eli J. Mark , Noah D. Solowiejczyk , and Won S. Shin , Assistant United States Attorneys, on the brief), for Audrey Strauss , United States Attorney for the Southern District of New York, New York, New York, for Appellee.

Michael S. Schachter ( Casey E. Donnelly , on the brief), Willkie Farr & Gallagher LLP, New York, New York, for Defendant-Appellant James Gatto.

Andrew A. Mathias , Nexsen Pruet, LLC, Greenville, South Carolina, for Defendant-Appellant Merl Code.

Steven Haney , Haney Law Group, PLLC, Southfield, Michigan, for Defendant-Appellant Christian Dawkins.

Judge Lynch Concurs in Part and Dissents in Part in a separate opinion.

In this case, defendants-appellants James Gatto, Merl Code, and Christian Dawkins ("Defendants") were convicted of engaging in a scheme to defraud three universities by paying tens of thousands of dollars to the families of high school basketball players to induce them to attend the universities, which were sponsored by Adidas...

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