United States v. McLellan, No. 18-2032 (1st Cir. 2020)Annotate this Case
The First Circuit affirmed Defendant's convictions of securities and wire fraud and conspiracy to commit securities and wire fraud, holding that there was no reversible error in the proceedings below.
Specifically, the First Circuit held (1) there was sufficient evidence to sustain Defendant's convictions and that, to the extent that the jury instructions may have been overbroad, any error was harmless; (2) this Court need not address whether the wire fraud statute, 18 U.S.C. 1343, applies extraterritorially because Defendant was convicted under a proper domestic application of the statute; and (3) the district court correctly determined that it lacked the authority to order the government to lodge Mutual Legal Assistance Treaties requests with the United Kingdom and the Republic of Ireland to seek evidence that may have been favorable to Defendant's defense.
The court issued a subsequent related opinion or order on May 27, 2020.