United States v. A & S Council Oil Company Artice L. Council

OPINION

K.K. HALL, Circuit Judge:

Artice Council and his wholly-owned business, A & S Council Oil Company, appeal their convictions following a jury trial of conspiracy to defraud the government through false claims. We reverse and remand for a new trial.

I

A

This case involves a conspiracy to divert heating oil intended for the military base at Fort Bragg, North Carolina, and to submit false bills to the United States for the undelivered fuel. There is no question that the diversions occurred; the only issue at the trial below was whether appellants were participants in the conspiracy. Appellants…