United States v. George Michael Shipsey

I.

George Michael Shipsey appeals his conviction on charges of mail fraud ( 18 U.S.C. § 1341 ), wire fraud ( 18 U.S.C. § 1343 ), and theft from an employee pension fund ( 18 U.S.C. § 664 ), arising from the diversion of construction loan proceeds. Previously, another panel of this court had vacated his first conviction on these charges, United States v. Shipsey, 190 F.3d 1081 (9th Cir.1999) (“Shipsey I”), and remanded for a new trial. The district court had jurisdiction pursuant to 28 U.S.C. § 1331 ; this court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the convictions.

II.

Shipsey was originally indicted on December 31, 1993. Counts 1 through 9 charged mail fraud; counts 10 through 13 charged wire fraud; counts 14 through 20 charged theft from an employee pension plan; and counts 21 through 24 charged money laundering ( 18 U.S.C. § 1957 ). His first trial commenced on May 20, 1997. Counts 21 and 22 were dismissed by the district court at the end of the government’s case-in-chief. The jury deadlocked on counts 1 through 13; it found Shipsey guilty on counts 14 through 20 and 23 through 24. The district court declared a mistrial on the deadlocked counts and…