United States v. Nabil S. Al Mudarris, and Salah S. Al Mudarris

EUGENE A. WRIGHT, Circuit Judge:

Appellants seek to have us overturn their conviction for mail fraud against a medical insurance carrier. They contend that prosecutorial misconduct before the grand jury necessitated dismissal of their indictment.

I. FACTS

Appellants Nabil and Salah A1 Mudarris are brothers. Salah had medical insurance, Nabil did not.

On Christmas Eve 1974 a man later identified as Salah, but using a false name, delivered a severely burned man to the hospital. The patient, later identified as Nabil, was admitted as Salah.

Nabil’s wife later testified that Salah told her this was…