United States Third Circuit

Defendant's conspiracy and embezzlement convictions are affirmed over his challenges that the district court erred by instructing the jury that materiality was a question of law, rather than fact, for purposes of 18 U.S.C. section 1623 and 29 U.S.C. section 439(b).

Appellate Information

• Decided 10/20/2004
• Published 10/20/2004

Judges

• Before SLOVITER, VAN ANTWERPEN and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen James Binhak, Key Biscayne, for Appellant.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Bea L. Witzleben, Assistant United States Attorney, Kathy A. Stark, Philadelphia, for Appellee.