United States Eleventh Circuit

Defendants' convictions and sentences arising out of their participation in a scheme to sell fraudulent workers' compensation insurance are affirmed where: 1) a government expert's testimony about her work and her familiarity with the regulatory environment was not hearsay; 2) in light of the substantial evidence to convict one defendant, the minor significance of a witness's comments regarding civil litigation involving that defendant, and defendant's refusal of a curative instruction, the denial of a mistrial was proper; 3) the district court properly applied a manager or operator enhancement based on defendant's extensive involvement in the development and operation of the scheme; and 4) the court properly applied an obstruction of justice enhancement because defendant's testimony directly contradicted his grand jury testimony on a material matter.

Appellate Information

• Decided 03/16/2010
• Published 03/16/2010

Judges

Court

• United States Eleventh Circuit

Counsel