Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

United States v. Wiseman

United States Court of Appeals for the Ninth Circuit
274 F.3d 1235 (2001)


The federal government (plaintiff) prosecuted Marvin L. Wiseman and William D. Mett (the pair) (codefendants) for embezzling funds from a pension fund subject to the Employee Retirement Income Security Act of 1974 (ERISA), in violation of 18 U.S.C. § 664. The trial evidence established that Wiseman was the president, and Mett the vice president, of a Hawaii art gallery. The pair also served as trustees of the gallery's employee pension fund. The loss of the gallery's reputation due to the pair's conviction for felony art fraud, combined with a downturn in Hawaii's economy, devastated the gallery's finances. Without informing gallery employees or federal regulators, the pair withdrew $1.6 million from the pension fund and deposited the money in the gallery's general operating accounts. In their trial testimony, the pair characterized the withdrawal as a "loan" for the benefit of gallery employees who otherwise would have been laid off. The pair argued that the employees implicitly authorized the withdrawal, or would have done so had they known about it. The pair was initially tried and convicted by a jury, but then they were granted a bench retrial, which also ended in their conviction. Wiseman and Mett appealed to the Ninth Circuit Court of Appeals.

Rule of Law


Holding and Reasoning (Hall, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial