Fraud Conspiracy Conviction Axed Due to Flawed Jury Instructions

A Nevada man won his bid to undo his conviction for conspiracy to defraud the US after a federal appeals court agreed the jury was given bad instructions on the charge.

The conspiracy-to-defraud instruction didn’t require the government to prove deceitful or dishonest means, and the advice-of-counsel instruction the trial court gave suggested it applied only to the false-return count, even though it applied to both charges, the US Court of Appeals for the Tenth Circuit said Tuesday.

The indictment charged Victor Kearney of defrauding the United States, yet the conspiracy instruction related to a conspiracy “to commit any offense ...