United States v. Michael B. Laikin

CASTLE, Senior Circuit Judge.

The issue presented by this appeal is whether a perjury conviction under 18 U.S.C. § 1623 may be sustained on a theory that defendant gave inconsistent answers on two occasions when the record indicates that defendant was not asked the same question on the two occasions. We hold that it may not.

Defendant Michael B. Laikin is a lawyer who represented the University National Bank in a loan transaction with Roland C. Hansen. Mr. Hansen borrowed $210,000 from the Bank, pledging as collateral a number of properties. 1 The two parcels of concern here were assigned a…