DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193405P.pdf 04/30/2021 United States v. Barrett Prelogar
U.S. Court of Appeals Case No: 19-3405
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Kelly, Circuit
Judge]
Criminal case - Criminal law. The indictment alleging defendant corruptly
endeavored to obstruct and impede the due administration of the tax laws
in violation of 26 U.S.C. sec. 7212(a) was sufficient under Marinello v.
U.S., 548 U.S.___ (2018); Marinello does not require that nexus and
knowledge be charged in the indictment; claim that the district court
constructively amended the indictment when it failed to instruct the jury
on structuring denied; the evidence was sufficient to sustain the
conviction; the district court did not err in denying defendant's motion
to dismiss or for disqualification of the prosecution based on defendant's
claim that the prosecution allegedly violated the attorney-client
privilege when it interviewed his former attorney; no privileged
information was provided and defendant cannot show any prejudice from the
information which was provided.