This section contains the nature of the case and procedural background.

Young (D) was the general manager of an oil company that contracted to deliver product to Apco Oil. D was alleged to have developed a scheme to sell Apco cheaper fuel than what was contracted for and enlisted the aid of a friend at an oil brokerage firm recertify his doctored fuel oil disguised as crude oil. Eventually, the alleged scheme was uncovered, and D was charged with 11 counts of mail fraud, three counts of willfully and knowingly making false statements to a government agency, one count of interstate transportation of stolen property and with aiding and abetting in the commission of all 15 counts. At the close of the case, the prosecutor summarized the evidence against respondent. Defense counsel inferred in his closing statement that not even the government believed the case against D. The prosecutor did not object to that tactic and instead took the floor and affirmed his belief in D's guilt. The defense counsel did not object to the prosecutor's comments nor were any curative instructions were requested or given. D was found guilty and appealed; D was unfairly prejudiced by the prosecutor's remarks made during closing rebuttal. The Appeals Court reversed the conviction.

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