Conviction for Illegal Structuring Transactions Affirmed, Plus Breach of Contract Suit
US v. Dokich, 08-2850, concerned a challenge to the district court's imposition of a 84-month sentence and an order of restitution in the amount of $55,971,122 in a conviction of defendant for mail fraud and illegal structuring transactions, arising from a fraudulent scheme to sell stock in a company that claimed to be developing diagnostic tests for HIV, mad-cow disease, and blood glucose levels. In affirming the conviction and the order of restitution, the court held that, while there were problems in the calculations of loss, defendant has not identified any error that resulted in the sort of miscarriage of justice that would require reversal.
India Breweries, Inc. v. Miller Brewing Co., 08-4109, concerned a challenge to the district court's grant of defendant's motion for summary judgment in a suit for breach of contract by a beer brewer and distributor, claiming that Miller Brewing Company had a contractual duty to inspect any brewery it proffered and failed to act in good faith in refusing to make inspections. In affirming the judgment, the court held that no genuine issue of material fact exists and defendant is entitled to judgment as a matter of law because the agreement between the parties is not ambiguous as to defendant's duty to inspect breweries.
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