Friday, August 02, 2013

US v. Stargell, No. 11-50392 (8-2-13) (Beistline, D.J., with Thomas and Hurwitz).

An appeal from wire fraud, false tax, and aggravated identity theft convictions stemming from work as a tax preparer. The 9th affirms, finding sufficient evidence, and that the false tax returns did in fact impact on the financial soundness of banks. The interesting issue was whether the calling of the former defense attorney by the present defense counsel during trial to explain loss calculations violated the attorney-client privilege. The 9th held it didn't, because no confidential communication was revealed, and it was defense counsel who called the lawyer to explain about loss.


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