United States v. Richard I. Berger, United States of America v. Richard I. Berger

PREGERSON, Circuit Judge.

Defendant Richard I. Berger appeals his conviction of twelve counts of conspiracy, loan fraud, falsifying corporate books, and various securities fraud violations. Berger argues that: (1) the district court improperly coerced the jury into reaching a verdict, (2) the district court violated his constitutional right to be present during trial when the district court — with counsel’s consent — made certain comments at an informal meeting with the jury outside of Berger’s presence, (3) the district court used the wrong materiality standard for securities fraud…