United States v. Arnold N. Mahler

FEINBERG, Circuit Judge:

Appellant was convicted below of knowingly giving false testimony to Securities and Exchange Commission (“SEC”) investigators, and of conspiring to do the same, under 18 U.S.C. §§ 371, 1001 (1964). He was sentenced to two years’ imprisonment on each count, the sentences to run concurrently. We affirm.

There is no attack on the overall sufficiency of the evidence, and a brief background statement will clarify appellant’s principal contention, which relates to an overt act. The jury could have found the following facts from the government’s case: Appellant owned and…