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November 28, 2009

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McLain’s attorneys blame adviser

Thursday, Dec. 5, 1996 | 11:59 a.m.

Jeffrey Egan was indicted with McLain and Roger Smigiel in May on charges of conspiracy, theft from a pension plan, money laundering and mail fraud. But he pleaded guilty to one charge of theft from a pension plan and agreed to testify against McLain and Smigiel in return for a lighter sentence recommendation.

McLain's attorney, David DuMouchel, told jurors in his opening argument Wednesday that they should keep Egan's deal with prosecutors in mind when he takes the stand.

"He'll make up his mind what he's going to say when he sits up there and decides what's in his best interest," DuMouchel said.

Federal prosecutors say McLain and Smigiel ran a scheme to take $3 million from the pension fund of Peet Packing Co. in Chesaning for business debts and personal use.

Assistant U.S. attorney Steve Robinson said McLain and Smigiel panicked when the money they needed to buy Peet Packing ran short.

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