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7th Circuit upholds mail fraud convictions

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Although it found the evidence presented in a mail fraud case “thin,” the 7th Circuit Court of Appeals viewed it as enough to send the case involving three Calumet Township Trustee’s Office employees to the jury.

Elected Trustee Dozier T. Allen Jr., Deputy Trustee Wanda Joshua, and Deputy Finance Trustee Ann Marie Karras were charged with two counts of mail fraud following the discovery that they took payments from the Indiana Department of Workforce Development Services for work they did not perform. The Calumet Township Trustee’s Office could receive up to $4,167 each month from IDWDS stemming from a federal grant for the welfare-to-work programs. Between November 2000 and December 2002, more than $170,000 was deposited into a bank account that was then distributed to the three as “administrative fees.”

During a hearing on the matter, trustee’s office attorney Frederick Work said that the three could receive compensation beyond their budgeted salaries, but they could not be paid if they didn’t perform any work related to the grant money.

The defendants argued that they couldn’t be convicted because the evidence on the mailing element was insufficient to sustain the convictions of mail fraud. They claim no evidence shows that the checks were actually mailed from the IDWDS office rather than hand-delivered. The offices are only several blocks away.

In United States of America v. Wanda Joshua, et al., Nos. 10-2140, 10-2181, 10-2182, the 7th Circuit judges credited the testimony of Angela Lewis, the IDWDS senior fiscal accountant in charge of delivering reimbursement checks, who said they generally sent checks to the office by mail. When put through the mail, the envelopes were run through a postage meter. Sometimes they were picked up by an office employee.

The two envelopes in question were metered but didn’t show postage marks as being mailed. Lewis testified that one of the envelopes was mailed. The judges also questioned if the envelopes were going to be picked up by an employee or hand-delivered, why would the IDWDS waste money on postage?

“The envelopes here were metered; there is no evidence that the agency hand-delivered any metered mail; and so the jury was entitled to infer that they were mailed,” wrote Judge Diane Wood. “Though hand delivery was possible, this by itself is not enough for the defendants.”

The 7th Circuit also rejected the defendants’ arguments that Skilling v. United States, 130 S. Ct. 2896 (2010) compelled them to reverse the convictions, and the District Court improperly instructed the jury regarding their advice-of-counsel defense. The judges found neither of those arguments has merit.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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