Convictions for conspiracy to defraud the IRS are affirmed where: 1) materiality is an essential element of the charged 18 U.S.C. section 286 offense, but is not required to show a section 287 violation; 2) despite the fact that the indictment did not use the term material, it sufficiently alleged facts that warrant an inference of materiality and 3) the deficiency in the jury instructions as to materiality was harmless error.
On Appeal from the District Court for the Eastern District of Pennsylvania (Nos. 05-CR-00618-2 & 05-CR-00618-1))
District Judge: Honorable Gene E.K. Pratter
Argued January 28, 2009
Opinion Filed August 18, 2009
Counsel for Appellants: Daniel I. Siegel, Esq. and Andrew F. Erba, Esq.
Counsel for Appellees: Pamela Foa