United States v. Koerber, No. 19-4147 (10th Cir. 2021)Annotate this Case
Claud “Rick” Koerber was indicted by a grand jury for wire fraud, tax fraud, and mail fraud relating to a real estate investment scheme. A superseding indictment added to his wire fraud and tax evasion counts, charging him with additional counts for securities fraud, wire fraud, money laundering, and tax evasion. More than five years passed without a trial, resulting in the district court’s dismissing the case with prejudice under the Speedy Trial Act. On the government’s appeal of that decision, the Tenth Circuit Court of Appeals reversed the district court’s dismissal-with-prejudice order, identifying errors in its application of the Speedy Trial Act factors. On remand, after reapplying the factors, the district court decided to dismiss without prejudice. So in 2017 the government reindicted Koerber for the offenses earlier charged in the superseding indictment. Koerber’s first trial ended in a hung jury. His second trial ended in jury convictions on all but two counts. The court later imposed a 170-month prison sentence. On appeal, Koerber challenged his prosecution and conviction, claiming a range of errors: from evidentiary rulings, to trial-management issues, to asserted statutory and constitutional violations. After reviewing the briefing, the record, and the relevant law, the Tenth Circuit found no reversible error and affirmed.