United States v. Kent Borden Rogers, United States of America v. Jacob N. Peilte
Opinion
Opinion
Nelson, J.
Kent B. Rogers and Jacob N. Peilte appeal convictions for substantive bankruptcy fraud and conspiracy to commit bankruptcy fraud. They allege the use of evidence based on immunized testimony, improper joinder in the indictment, prejudice caused by pre-indictment delay, and insufficient evidence to support their convictions. We affirm.
FACTS AND PROCEDURAL BACKGROUND
This case arises out of appellants’ activities in connection with the bankruptcy of Global Western Development Corporation (Global). Rogers was president and majority shareholder of Global and Peilte was his attorney. In 1973 Global entered into a joint venture with another company to develop a residential housing project in Riverside, California. In a second unrelated transaction, Global purchased a ranch in Orange County in 1975. In 1976 the construction lender on the housing project foreclosed on its loan to Global. On October 4, 1976, the day before the foreclosure sale, Rogers and Peilte filed for bankruptcy under Chapter XI on behalf of Global. Two hours before this filing Rogers transferred the ownership of the ranch from Global to another corporation he owned.