Issue Preclusion #2 - Conspiracy Theories and Getting to Perhaps

Back on the preclusion theme I discussed yesterday here, I look at the case of United States v. Rigas, 584 F.3d 594 (3d Cir. 2009).

In Rigas, the defendants had been charged in New York (SDNY) on a broad federal conspiracy charge as follows:

Count One of the New York Indictment alleges a wide-ranging conspiracy (1) to create the false appearance that Adelphia's operating performance was strong and that Adelphia was reducing its debt burden, (2) to use Adelphia assets for the personal benefit of members of the Rigas family, and (3) to make false and misleading statements.

The Court focused its analysis on object (2), above, since it "most closely overlaps with the charges in the Pennsylvania Indictment."

The defendants were convicted of the conspiracy charge in the New York indictment. Then the Government (all right the grand jury) charged them in Pennsylvania on a federal tax conspiracy charge -- the ubiquitous defraud conspiracy charge.
Read more »