United States Ninth Circuit

In a case of involving millions of dollars extorted and stolen by former Ukrainian Prime Minister Lazarenko, eight convictions are affirmed and six reversed where: 1) the indictment need not plead a violation of a specific foreign law; 2) wire transfers not part of the execution of the scheme in question could not support conviction for wire fraud under 18 U.S.C. sections 1343 or 1346; and 3) interstate transfer of stolen property under 18 U.S.C. section 2314 require direct tracing of the stolen proceeds, and evidence of a comingled account will not suffice.

Appellate Information

• Argued 06/09/2008
• Decided 09/26/2008
• Published 09/26/2008

Judges

• Before A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Dennis P. Riordan (argued), Donald M. Horgan, Riordan & Horgan, San Francisco, CA;  Doron Weinberg, Weinberg & Wilder, San Francisco, CA, for the defendant-appellant., Hartley M.K. West (argued), Assistant United States Attorney;  Scott N. Schools, United States Attorney;  Barbara J. Valliere, Chief, Appellate Section, San Francisco, CA, for the plaintiff-appellee.