Energy Mgt. P 26,436 United States of America v. Uni Oil, Inc., Thomas M. "Mick" Hajecate

RANDALL, Circuit Judge:

This appeal comes to us under 18 U.S.C. § 3731 upon an order of the district court dismissing an eighty-four count fraud indictment against two oil companies and five individual defendants. “The gravamen of the ... charge,” as we observed when these proceedings were last before us, “is that [the defendants] purchased ‘old’ oil and resold it as ‘new,’ willfully using fraudulent means to miscertify it, in the process.” United States v. Uni Oil, Inc. (Uni I), 646 F.2d 946, 948 n. 2 (5th Cir.1981), cert. denied, 455 U.S. 908, 102 S.Ct. 1254, 71 L.Ed.2d 446 (1982). The…