Legal Opinion

United States v. Daniel King Brainard, United States of America v. Halton Q. Bittick, Jr.

Court of Appeals for the Fourth Circuit

Decided January 13, 1983No. 80-5079, 81-6912, 80-5080 and 81-6913PublishedCited by 50 opinions

1Opinion of the Court

MURNAGHAN, Circuit Judge: **

Daniel King Brainard and Halton Q. Bit-tick, Jr. appeal from their convictions on numerous counts related to alleged participation in a fraudulent investment scheme. We reverse and remand for a new trial.

I

Brainard and Bittick were owners of National Executive Planners, Inc. (NEP), a small investment company located in Greensboro, North Carolina. Brainard had dealt with Sheldon Moss, a Chicago businessman, on several occasions. In July, 1978, Moss telephoned Brainard and proposed that NEP offer to its clients the opportunity to make loans to Moss’ company,…

2Cases cited23 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Ohio v. RobertsSupreme Court of the United States · 1980
  3. Brewer v. WilliamsSupreme Court of the United States · 1977
  4. United States v. Arthur BarrettCourt of Appeals for the First Circuit · 1976
  5. United States v. Pembrick Edward Foutz, Jr.Court of Appeals for the Fourth Circuit · 1976

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3Cited by50 opinions

  1. United States v. WilsonCourt of Appeals for the Fourth Circuit · 1998
  2. Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1986
  3. State v. BryantSupreme Court of Connecticut · 1987
  4. United States v. Rosa FranciscoCourt of Appeals for the Fourth Circuit · 1994
  5. United States v. 4219 University Drive, FairfaxCourt of Appeals for the Fourth Circuit · 2013

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