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7th Circuit upholds embezzlement convictions against ex-mayor

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The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.

Pabey – along with East Chicago’s head of the Engineering Department, Jose Camacho – was convicted in September 2010 on the two embezzling counts. Pabey and Camacho used government funds and government employees to renovate a house Pabey and his wife, Hilda, purchased in Gary, Ind., in October 2007. Pabey claimed that he had no idea about the scheme to use city funds and employees. The District Court gave the jury a conscious avoidance instruction – also known as an ostrich instruction – that Pabey’s knowledge of the scheme can be inferred if they find he deliberately avoided the knowledge necessary for his conviction.

Pabey was convicted and sentenced to 60 months in prison and ordered to pay more than $70,000 in fines and restitution, which was above the United States Sentencing Guidelines. His sentence was also enhanced for obstruction of justice, for his leadership role in the offense, and for abuse of a position of trust.

Pabey challenged the jury instruction, but the 7th Circuit found the District Court did not abuse its discretion by giving it. In this case, the government presented both types of evidence – committing overt physical acts to avoid the knowledge and purely psychological avoidance – to show that if Pabey was unaware of the embezzlement scheme, then he deliberately avoided such knowledge.

The appellate court also found each of the sentencing enhancements were appropriate. Regarding the increased sentence, the District Court provided adequate support for its upward departure based on the 18 U.S.C. Section 3553(a) factors, and further supported its departure using the United States Sentencing Guidelines recommendations, wrote Judge Joel Flaum in United States of America v. George Pabey, No. 11-2046.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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