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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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