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Lawyer’s Conviction Stands Despite Prosecutor Error

Posted May 2, 2007 2:58 PM CDT
By Debra Cassens Weiss

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A federal appeals court has affirmed the conviction of a Utah attorney who assured investors in a pyramid scheme that their investment was safe.

Despite improper comments by a prosecutor at trial, there was no plain error warranting reversal of Wesley Sine’s conviction, according to the San Francisco-based 9th U.S. Circuit Court of Appeals.

The opinion (PDF) issued yesterday said prosecutors had improperly referred to a judge’s adverse remarks about Sine in a related case.

The judge in the prior case had held Sine in contempt and denounced him for “chicanery, mendacity, deceit, and pretense.”

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