United States v. Samuel Cohen

ORDER

The opinion filed on August 22, 2013 is amended as follows:

On page 6 of the slip opinion, replace the second sentence of the second paragraph with the following language:

On page 7 of the slip opinion, replace the fourth sentence of the second paragraph with the following language:

An amended opinion is filed concurrently with this order.

With this amendment, Judges Fletcher, Gould, and Christen vote to deny Appellant’s petition for panel rehearing and rehearing en banc, filed on September 5, 2013. The full court has been advised of the petition for rehearing and rehearing en banc and no judge requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and rehearing en banc is DENIED. No further petitions for en banc or panel rehearing shall be permitted.

OPINION

Samuel Cohen induced patrons of a charitable organization to purchase his shares in a for-profit company by misrepresenting that the value of the shares would soon skyrocket, enabling the patrons to make large charitable contributions. A federal jury found Cohen guilty of fifteen counts of wire fraud in violation of 18 U.S.C. § 1343 , eleven counts of money…