United States v. Mett

FLETCHER, Circuit Judge:

William Mett (“Mett”) and Marvin Wiseman (“Wiseman”) appeal from jury convictions arising out of certain improper transactions involving pension benefit plans administered by them. Because highly prejudicial evidence was erroneously admitted against the defendants at trial in violation of the attorney-client privilege, and because this error was not harmless, we reverse the convictions. In order to assist the district court on remand, we also take this opportunity to clarify certain aspects of the scienter required for a pension fund embezzlement conviction pursuant to…