(AP) — A federal appeals court has upheld the dismissal of appeal by an Omaha man convicted of wire fraud.

David Musk was sentenced last year to four years for a scheme to collect money for background checks. Prosecutors say Musk charged customers $600 to do what he called “Interpol” and “FBI” background checks.

Musk testified at his trial that he using public search engines for the background. When pressed during cross-examination on other matters, Musk tried to invoke his Fifth Amendment right against self-incrimination, but the judge determined he waived that right by testifying.

On Tuesday, the 8th U.S. Circuit Court of Appeals agreed with the lower court that Musk had no right to invoke his Fifth Amendment right once he took the stand.