United States v. Miller

531 F.3d 340 (2008)

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United States v. Miller

United States Court of Appeals for the Sixth Circuit
531 F.3d 340 (2008)

  • Written by Sharon Feldman, JD

Facts

Shawn Miller was engaged in a scheme to defraud by selling nonexistent and fraudulent credit card debt portfolios to brokers and collection agencies. When Miller learned that the Federal Bureau of Investigation (FBI) was investigating his activities, he met with the bank employee who had opened his corporate checking account and warned her that if she spoke to anyone about the investigation, including the FBI, he would sue her for defamation of character. Miller was indicted for and found guilty of witness tampering in violation of 18 U.S.C. § 1512(b)(3). At trial, the bank employee testified that she considered Miller’s warning a threat. Miller argued on appeal that the evidence was insufficient to support his conviction for witness tampering because § 1512(b)(3) does not apply to threatening to sue for defamation.

Rule of Law

Issue

Holding and Reasoning (Griffin, J.)

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