United States Seventh Circuit

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US v. McGowan, 08-1384

Conviction of defendant for wire fraud and investment advisor fraud is confirmed where: 1) the district court did not abuse its discretion in determining that a victim-witness was unavailable to testify at trial and allowing testimony by videotaped deposition as the court repeatedly noted the witness's medical problems were severe and chronic; and 2) district court was correct to reject defendant's motion to dismiss on statute of limitation grounds as wire communications that lull a victim into a false sense of security, such as the eighteen calls to the victim in this case, after the victim's money had already been obtained is sufficient to further the scheme.

Appellate Information

  • Argued 02/24/2009
  • Decided 12/22/2009
  • Published 12/22/2009

Judges

  • ROVNER, Circuit Judge., Before: ROVNER, WOOD and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Erika Csicsila (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Robert J. Gorence, Gorence & Oliveros, J. Miles Hanisee (argued), Law Office of J. Miles Hanisee, Albuquerque, NM, for Defendant-Appellant.
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