United States Tenth Circuit

Convictions and sentences on charges of embezzlement from a health care benefit program, wire fraud, and money laundering are reversed in part as to the wire fraud convictions based on a challenge to the sufficiency of the evidence, but otherwise are affirmed and remanded for sentencing over claims of error regarding: 1) the sufficiency of the indictment; 2) the sufficiency of the evidence; 3) denial of motion for new trial after the Oklahoma Insurance Department turned over documents it had not previously produced; and 4) the unconstitutionality of the sentences.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• McCONNELL, Circuit Judge., Before O'BRIEN, BALDOCK and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kenneth P. Snoke, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee., Robert R. Nigh, Jr., (Clark O. Brewster with him on the brief), Brewster & De Angelis, Tulsa, OK, for Defendant-Appellant Bradley N. Frost., Stanley D. Monroe, Attorney at Law, Tulsa, OK, for Defendant-Appellant Wakon Iron Redcorn, Jr., Daniel D. Draper, III, Draper Law Firm, Owasso, OK, and Michael W. Ridgeway, General Counsel, Oklahoma Insurance Department, Oklahoma City, OK, for Amicus Curiae the State of Oklahoma ex rel. Kim Holland, Insurance Commissioner, in support of Plaintiff-Appellee.