United States v. Gordon Finlay, United States of America v. Finlay Testing Laboratories, Inc.

Gordon Finlay (Finlay) appeals his conviction of two conspiracies to defraud the United States in violation of 18 U.S.C. § 371 , the first occurring between January and October of 1987 by transporting nuclear materials in violation of law and in this connection falsifying records for submission to the Nuclear Regulatory Commission (the NRC); the second, a conspiracy between August 1987 and November 1987 to defraud the United States by obtaining from the NRC a reinstatement of the license of Finlay Testing Laboratories, Inc. (FTL) to possess radioactive materials. Finlay also challenges his conviction of violating 18 U.S.C. § 1001 by making a materially false statement to the NRC.

Finlay Testing Laboratories, Inc., appeals its conviction of ten counts of illegally transporting radioactive materials in April 1987 in violation of 49 U.S.C.App. § 1809(b) and its further conviction of six counts of concealing a material fact within the jurisdiction of the NRC in violation of 18 U.S.C. § 1001 .

We affirm the convictions of Finlay and of FTL.

FACTS

From the perspective of the government, the following was established at trial:

FTL is engaged in industrial testing by radiography, a…