United States Ninth Circuit

A conviction and restitution order for conspiracy, loan fraud, falsifying corporate books, and various securities fraud violations is affirmed over claims of error regarding: 1) improper coersion of the jury into reaching a verdict; 2) violation of defendant's constitutional right to be present during trial when the district court - with counsel's consent - made certain comments at an informal meeting with the jury outside of defendant's presence; 3) use of the wrong materiality standard for securities fraud violations; 4) the indictment failure to charge with sufficient particularity the materiality element for securities fraud violations; and 5) the restitution order. The sentence is vacated and remanded per Booker.

Appellate Information

• Argued 04/04/2006
• Decided 01/18/2007
• Published 01/18/2007

Judges

• PREGERSON, Circuit Judge., Before HARRY PREGERSON and EDWARD LEAVY, Circuit Judges, and RALPH R. BEISTLINE, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael R. Doyen, Munger, Tolles & Olson LLP, Los Angeles, CA, for the defendant-appellant-appellee., Paul G. Stern, Elaine Lu, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellee-appellant.