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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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