United States v. John B. Levy, Vincent F. Franzone, Marvin Poole, and Earl W. Moriarity

WISDOM, Circuit Judge:

This appeal presents questions concerning the double jeopardy and collateral estoppel effects of an acquittal on a conspiracy count and related substantive counts. The defendants, John Levy and Vincent Franzone, were previously acquitted by a jury on five counts of misapplication of bank funds, one count of making false statements in connection with certain bank loans, and one count of conspiracy to commit these offenses. They now argue that the instant prosecution on conspiracy and substantive counts concerning related bank transactions are barred under the doctrines of…