United States Seventh Circuit

Conviction for obstructing the administration of the IRS, filing false IRS forms, and passing phony financial instruments with the intent to defraud is affirmed where: 1) the delays in defendant's trial did not violate the Speedy Trial Act as the the district court was permitted to exclude at least thirty days to resolve multiple pretrial motions; 2) the indictment for defendant's conviction for obstructing the due administration of the IRS is not duplicitous as the indictment solely charges a violation of the omnibus clause of 26 U.S.C. sec. 7212(a); 3) the indictment sufficiently charged that defendant willfully made and subscribed false statements on IRS forms in violation of 26 U.S.C. sec. 7206(1); and 4) the court correctly applied Daubert and allowed the expert testimony.

Appellate Information

• Decided 08/12/2009
• Published 08/12/2009

Judges

• WILLIAMS, Circuit Judge., Before FLAUM, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Gail Joy Hoffman (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Nishay K. Sanan (argued), Chicago, IL, for Defendant-Appellant.