the Government fails to prove an explicit or formal agreement to establish the conspiracy.”). 6 . Evidence indicated that Freeman was personally involved in many of the aspects of the scheme, including typing and witnessing many of the fraudulent agreements, maintaining financial records of the funds, and transferring funds used in the scheme. He also made misrepresentations to the investors, including claims that they could not receive their funds promptly for false reasons and reports that the funds they did receive in return were investment profits, when in fact they were funds from other investors. 7 . D’Amico testified that he gave Sudeen a $2 million check for investment in the high yield investment program, and Freeman admitted that he typed and signed 6, 925 (5th Cir.1993) (<HOLDING>). 9 . United States v. Saucedo-Munoz, 307 F.3d
holding that the general corporate laws are incorporated into the corporate charter holding that a difference of medical opinion was insufficient as a matter of law to establish deliberate indifference holding that disagreement with a doctors judgment does not support a claim of deliberate indifference holding that agent of corporation who used corporate funds to secure personal loan was initial transferee holding that the deliberate indifference instruction was appropriate where corporate officer used investment company funds for personal purposes blindly accepting codefendants representation that the companys charter authorized the expenditures