FRAUD

Recent & Noteworthy Investigations & Results

Federal Charges Dismissed.  Client charged with conspiracy to defraud investors in an alleged $1.2 million advance fee scheme.  At a "James" hearing to determine scope of conspiracy, Wyatt showed that government had no proof against his client.  Government counsel agreed to dismiss the charges against Wyatt's client; all other defendants still facing charges.*

Minimal Punishment for Federal antitrust Price Fixing Charge.  Client accused of orchestrating gasoline price-fixing scheme with volume of commerce in excess of $5 million. Jury returned guilty verdict for Sherman Antitrust Act price-fixing violation, but judge ordered only probation (with no restitution) based on evidence developed at trial and in mitigation.*

Tax Fraud Case Dismissed. August 2008. Client, a former state politician, charged with knowingly filing a false State of Oklahoma tax return. After years of litigation and only days before trial, the court agreed with motions filed by the defense that the charge was not timely filed. Charges were dismissed after a hotly contested hearing.*

Acquittal on 106 Counts of Fraud & Money Laundering: August 2006. Bob Wyatt and Gloyd McCoy were engaged to represent a grain elevator operator previously charged with and convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions (effectively money laundering). On behalf of the client, we sought habeas corpus relief and were granted a new trial. At this re-trial, the jury convicted again, but the trial judge released the client on bond pending appeal because of the issues raised by Wyatt.  Wyatt appealed again, this time with the Tenth Circuit Court of Appeals directing a Judgment of Acquittal ("not guilty") -- meaning that the client is a free man and the government cannot try him again.  United States v. Hunt, 456 F.3d 1255 (10th Cir.2006). *

Sentence Vacated in Securities Fraud Case. In December 2003, Bob Wyatt and Gloyd McCoy were engaged to represent a NW Oklahoma resident who had previously been convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions (effectively money laundering) in federal court in Oklahoma City. The client sought habeas corpus relief for among other things ineffective assistance of his former trial counsel and conflict of interest.  After a two-day hearing in January, the U.S. District Court on March 5, 2004, issued an order granting habeas relief and vacating the client's conviction and sentence.*

State Embezzlement Charges Dismissed.  In early 1998, Wyatt secured the dismissal of multiple counts of embezzlement against a camera store employee. After Wyatt's investigation and cross-exam of the State's witnesses, the preliminary hearing magistrate dismissed all charges.

Health Care Fraud Conviction Reversed, Case Dismissed.  In the early 1990s, Bob Wyatt was co-counsel to two obstetric physicians and surgeons charged with multiple counts of "healthcare fraud" for alleged violation of CHAMPUS regulations as it related to over 100 patients of the surgery center. This four-year federal investigation in parallel civil and criminal proceedings concluded in a guilty verdict on all but one charge; however, Wyatt convinced the federal appeals court to reverse the conviction with orders to dismiss the charges for lack of merit. Bob Wyatt briefed and argued the appeal to the U.S. Court of Appeals for the Tenth Circuit. (See "Published").   United States v. Avery, 34 F.3d 1517 (10th Cir. 1994).*