United States v. Muntasser, No. 08-1986 (1st Cir. 2011)Annotate this Case
Three defendants were charged with conspiring to defraud the U.S. by obstructing the functions of the IRS, endeavoring to obstruct administration of the Internal Revenue laws, filing false tax returns, making false statements to FBI agents, and scheming to conceal material facts from a federal agency in connection with a charitable organization founded in 1993, which promoted Islamic jihad. A 24-day trial resulted in acquittal on all charges for one defendant and sentences of 12 months and 11 months in prison for the others. The First Circuit reversed acquittal on conspiracy counts, reinstating a guilty verdict, and affirmed the convictions on other counts. The variance in proof at trial did not prejudice defendants' substantial rights and the evidence was sufficient to prove a conspiracy narrower than charged.