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United States Eleventh Circuit


US v. Kottwitz, 08-13740

Defendants' convictions for tax fraud-related charges are affirmed in part where the circumstantial evidence was sufficient for the jury to have concluded beyond a reasonable doubt that defendants entered into the charged conspiracy. However, the convictions are vacated in part where: 1) the district court erred in refusing to give defendants' requested special instruction to the jury on their good faith reliance on their accountant's advice; and 2) the evidence was insufficient for a properly instructed jury to convict on the charge of aiding and assisting in the filing of a materially false corporate tax return.

Appellate Information

  • Decided 08/19/2010
  • Published 08/19/2010

Judges

  • Array

Court

  • United States Eleventh Circuit

Counsel

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