United States v. Alfred J. Koonin

The question we must decide is whether the statute of limitation begins to run on the day of the last overt act in furtherance of a conspiracy, or the following day. Agreeing with the Second and Eleventh Circuits, we hold that when computing the time within which a prosecution for conspiracy may be commenced, the statute of limitation begins to run the day after the last overt act is committed. Our holding AFFIRMS the conviction in this case.

I. BACKGROUND

South African businessman Ronald Abel had two constants in his life — his childhood friend, Alfred Koonin, and his hapless business partner, Sydney Kahn. In 1986, a business deal between Kahn and Abel went awry. Kahn subsequently fled to La Jolla, California, leaving behind a large debt as well as several angry investors, including Abel. Over the next few years, Kahn repeatedly promised, yet failed, to repay the debt. As interest accrued, Kahn’s debt continued to grow. Keeping pace with that debt was Abel’s growing anger. In an attempt to appease Abel’s wrath and assuage his financial concerns, Kahn unwisely named Abel the beneficiary of his three life insurance policies. If Kahn died, Abel stood to collect approximately…