Kotteakos v. United States

Simon Brown acted as a broker for Kotteakos (defendant) and eighteen other individuals in submitting fraudulent loan applications, knowing when he obtained the loans that the proceeds wouldn't be used for their stated purposes. Nineteen defendants were tried together on a single-conspiracy theory, and seven, including Kotteakos, were convicted. The evidence showed each defendant had dealt with Brown individually, but no evidence showed any defendant had dealt with any other defendant. The trial judge instructed the jury as if there were one overarching conspiracy, and the court of appeals affirmed the convictions despite recognizing this was error, reasoning the error was harmless. The Supreme Court granted certiorari.