United States v. Paul F. Soares

WIGGINS, Circuit Judge:

On June 13, 1990, a federal grand jury returned a seven count indictment against defendant Paul Fairfax Soares. The indictment charged Soares with four counts of having received kickbacks “because of’ his fiduciary position as the investment advisor for an employee pension plan, in violation of 18 U.S.C. § 1954 (counts one through four), and with three counts of embezzling money from the same employee pension plan, in violation of 18 U.S.C. § 664 (counts five through seven). After waiving his right to a jury trial, Soares was convicted on counts one through four and on…