Fed. Sec. L. Rep. P 92,552 United States of America v. Charles Richard Morse, United States of America v. Curtis Robert Richmond

BRUNETTI, Circuit Judge:

Appellants, Charles Richard Morse and Curtis Robert Richmond, appeal their convictions on various counts of mail fraud, 18 U.S.C. § 1341, and securities fraud, 15 U.S.C. § 77q(a). The convictions resulted from appellants’ involvement in a mail fraud scheme comprised of four tax shelter/investment programs promoted from late 1978 through 1981. Appellants claim that the indictment was duplicitous and that the district court erred in failing to dismiss on that ground. Alternatively, they claim that a fatal variance occurred between the allegations in the indictment and…