United States Ninth Circuit

Defendants' conviction for conspiracy and attempted extortion is affirmed where the district court committed no error when it rejected their proffered "claim of right" instruction, based on defendants' assertion that they had a rightful claim to funds in a Ponzi schemer's possession and therefore their actions were not "wrongful" as required for extortion.

Appellate Information

• Argued 06/07/2006
• Decided 02/01/2007
• Published 02/01/2007

Judges

• RAWLINSON, Circuit Judge:, Before: D.W. NELSON, RAWLINSON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Donald W. MacPherson, Glendale, AZ, for appellants William and Tere Daane., Jeff Price, Santa Monica, CA, for appellant Glenn Trent., Stephen M. Lathrop, Rolling Hills Estates, CA, for appellant Richard Miller., Karen L. Landau, Oakland, CA, for appellant John Arn.


• For Appellees:
  
• Jerry A. Behnke, Assistant United States Attorney, Riverside, CA, for appellee United States.