United States Eleventh Circuit

Conviction and sentence against attorney for attempting to obstruct a grand jury investigation in Florida related to the sale of stock, and conspiring to obstruct a Securities and Exchange Commission investigation concerning an Internet start-up company, are affirmed over defendant's claims that: 1) insufficient evidence supported the jury's guilty verdict as to both counts; 2) he should have been acquitted based upon the safe harbor provision of 18 U.S.C. section 1515(c); 3) the trial court improperly shifting the burden of proof under section 1515(c) to him; and 4) the trial was tainted by the Government's joinder of two counts.

Appellate Information

• Decided 11/13/2007
• Published 11/13/2007

Judges

• PROCTOR, District Judge:, Before DUBINA and MARCUS, Circuit Judges, and PROCTOR, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Harold Schimkat, Anne R. Schultz, Asst. U.S. Atty., Evelio J. Yera, Miami, FL, for U.S.