UNITED STATES of America, Plaintiff-Appellee, v. Scott K. CLAWSON, Defendant-Appellant

OPÍNION

We decide under what circumstances 18 U.S.C. § 3288 permits reindictment after dismissal of an indictment on statute of limitations grounds.

I

Defendant was convicted of conspiracy and mail fraud for selling and collecting premiums on nonexistent insurance. In 1987, he was Vice President for Marketing [R.T. at 527] and supervised the underwriting department [R.T. at 721] at Rubell Helm Insurance Services, Inc. (RHIS). R.T. at 229 (testimony of Jeffrey Daly); 528 (testimony of Kathleen Helm). Between September 1987 and May 1988, RHIS landed three customers whose existing coverages were about to expire. The problem in each case was that little or none of the promised insurance was in place when the clients’ prior coverage ended. To the extent insurance was subsequently arranged for while Clawson was still at RHIS, it was invariably too little, too late. In each case, RHIS billed its clients for premiums and the clients sent money through the mail. R.T. at 2298. These .mailings formed the basis of a series of mail fraud charges as well as a charge of conspiracy to commit mail fraud.

The grand jury handed down an indictment on June 10,1993, [docket sheet at 20— 3 Clawson…