United States Sixth Circuit

In a criminal case involving alleged securities fraud, dismissal of defendants' indictment on statute of limitations grounds is affirmed where: 1) the mailing and faxing of false statements to the SEC did not constitute two distinct crimes; and 2) for purposes of 18 U.S.C. section 1001, the date defendants' mailed submission was received by the SEC was irrelevant.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• Before:  MERRITT and CLAY, Circuit Judges;  COX, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Justin J. Roberts, Assistant United States Attorney, Cleveland, Ohio, for Appellant.  Allison D. Burroughs, Nutter, McClennen & Fish, Boston, Massachusetts, for Appellees.   ON BRIEF:  Christian H. Stickan, Assistant United States Attorney, Cleveland, Ohio, for Appellant.   Allison D. Burroughs, Nutter, McClennen & Fish, Boston, Massachusetts, Robin E. Harvey, Baker & Hostetler, Cincinnati, Ohio, for Appellees.