US v. McGeehan, No. 05-1954 - U.S. Third Circuit
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US v. McGeehan, No. 05-1954

District court's conviction of a publicly-funded non-profit organization's president and vice-president for honest services mail and wire fraud, arising from personal use of funds that were to be used for a Navy project, is affirmed in part and reversed in part where:  1) the district court did not err in denying plaintiffs' motion to dismiss the Ben Franklin Technology Center (BFTC) counts because a superseding indictment made out the necessary elements of honest services fraud; and 2) district court erred in denying the motion to dismiss the Navy counts as there are no allegations in the indictment suggesting the presence of legally cognizable fiduciary duties owed by BFTC to the Navy.     

Read US v. McGeehan, No. 05-1954

Appellate Information

On Appeal from the United States District Court for the Western District of Pennsylvania

(D.C. Criminal Nos. 03-cr-0125-1 & 03-cr-0125-2)  

District Judge: Honorable David Stewart Cercone

Opinion Filed October 22, 2009

Judges

Before:  Scirica, Chief Judge, and Rendell, and Smith, Circuit Judges

Opinion by Scirica, Chief Judge 

Counsel

Counsel for Appellant: John A. Knorr, Stephen H. Begler

 Counsel for Appellee:  Michael L. Ivory, Laura S. Irwin