United States Second Circuit

Convictions and sentences for crimes related to wire fraud, money laundering, tax evasion, filing false tax returns, and conspiracy to defraud the IRS, are vacated where the indictment improperly: 1) joined certain tax counts with the other charges against the defendants; 2) joined the two defendants as co-defendants; and 3) the misjoinders were not harmless.

Appellate Information

• Decided 11/08/2007
• Published 11/08/2007

Judges

• SACK, Circuit Judge:, Before:  POOLER, SACK, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Andrew L. Frey, Mayer Brown LLP (Andrew H. Schapiro, Daniel B. Kirschner, Mayer Brown LLP, Stuart E. Abrams, Frankel & Abrams, of counsel), New York, NY, for Defendant-Appellant Dov Shellef., Alan L. Zegas, Law Offices of Alan L. Zegas, Chatham, NJ (William Nossen, Law Offices of Alan L. Zegas, Chatham, NJ, and, Robert W. Gluck, Mandelbaum, Salsburg, Gold, Lazris & Discenza, P.C., New Brunswick, NJ, of counsel), for Defendant-Appellant William Rubenstein., S. Robert Lyons, Tax Division, Department of Justice, Washington, D.C., (Eileen J. O'Connor, Assistant Attorney General, Alan Hechtkopf, Karen M. Quesnel, Tax Division, Department of Justice, Washington, D.C., and Roslynn Mauskopf, United States Attorney for the Eastern District of New York, New York, NY, of counsel), for Appellee.