United States v. J. David Smith, David Smith

OPINION OF THE COURT

STAPLETON, Circuit Judge:

J. David Smith contends that multiple conspiracy indictments have put him twice in jeopardy for the same offense. The defen dant was indicted in New Jersey for conspiring to defraud GTECH, Ms employer, through a kickback scheme. On the same day, he was indicted in Kentucky for conspiring to defraud GTECH with a different co-conspirator, also through a Mekback scheme. After he was acquitted of the Kentucky charges, Smith filed a pretrial motion in the New Jersey prosecution to dismiss the conspiracy charges on double jeopardy grounds and both the…