United States v. Baker, No. 17-51034 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed defendant's conviction on charges of wire fraud, securities fraud, making false statements to the SEC, and conspiracy to commit wire fraud and securities fraud. Defendant was the CEO of ArthroCare, a publicly traded medical device company and he, along with the company's other senior executives, had engaged in a channel-stuffing scheme.
The court held that, to the extent that an FBI case agent's testimony was improper, any error was harmless; the district court did not abuse its discretion in excluding testimony of ArthroCare's former controller; the jury instructions were not erroneous under the wire fraud statute; and jury instructions on accomplice liability comported with the general aiding and abetting knowledge and intention requirements reiterated in Rosemond v. United States, 134 S. Ct. 1240 (2014). The court rejected defendant's remaining contentions.
The court issued a subsequent related opinion or order on April 26, 2019.