A panel of judges on the 9th Circuit Court of Appeals has rejected an appeal by former state Auditor Troy Kelley and says federal prosecutors can retry him on several tax-related felony charges stemming from his defunct real estate reconveyance business.
The three judges unanimously rejected Kelley’s claim that retrying him on the tax charges would constitute double-jeopardy, or trying Kelley twice for the same crime.
The appeal stemmed from the sole verdict the jury was able to reach in Kelley’s theft, money-laundering, fraud and tax-evasion trial last spring in Tacoma.
The jury deadlocked on every count but one following a six-week trial.
On the sole count it could agree on, the jury acquitted Kelley of lying to the Internal Revenue Service.