United States v. Ben Farrell Kirk

Ben Farrell Kirk appeals from his conviction on one count of conspiracy, one count of RICO, fifty-six counts of mail fraud, three counts of wire fraud, and two counts of interstate transportation of stolen property. Kirk contends that his conviction should be reversed because (1) the denial of certain trial transcripts violated his right to prepare an adequate defense; (2) the admission of certain testimony violated the hearsay prohibition and his right to confront the witnesses against him; and (3) the government failed to prove sufficiently the RICO charge. The district court had jurisdiction pursuant to 18 U.S.C. § 8231 and we have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction on all counts.

FACTUAL AND PROCEDURAL BACKGROUND

W.P.M.K., a company founded by Kirk and three others in 1979, provided condominiums and apartments for purchase through a “right-to-use” time share club. Members purchased the right to use club condominiums, primarily in Hawaii, for a specified number of weeks. Kirk ran the day-to-day operations while the other three original founders financed the scheme. Because of financial difficulties, Kirk hired James Quincy in 1980 to handle…