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US v. McGowan, No. 08-1384

By FindLaw Staff on December 22, 2009 | Last updated on March 21, 2019

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. 

Read US v. McGowan, No. 08-1384

Appellate Information

Appeal from the United States District Court for the Nouthern District of Illinois, Eastern Division

Decided December 22, 2009


Before:  Wood, Sykes, and Rovner, Circuit Judges

Opinion by Rovne, Circuit Judge

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