ILNews

Former officer’s convictions of bribery, attempted extortion affirmed

Back to TopCommentsE-mailPrintBookmark and Share

The sentence of the Indianapolis Metropolitan Police Department major and city-county counselor convicted last year for attempted extortion and bribery for his role in trying to get zoning approval for a proposed strip club has been upheld by the 7th Circuit Court of Appeals. Lincoln Plowman claimed that he should have been allowed to argue entrapment to the jury, which the District Court precluded.

While on the Indianapolis-Marion County City-County Council in 2009, Plowman was chairman of the committee that oversees zoning in the county and city. During this time, the FBI set up a sting operation based on Plowman’s reputation for his “questionable use of the power and influence he had acquired,” according to the 7th Circuit opinion. The FBI undercover officer posed as strip club owner who wanted to open a club in Indianapolis. During their meetings, Plowman told the undercover officer that for “a couple bucks” he knew how to “push” the strip club through the board of zoning appeals. He sought $5,000 in cash and a contribution to his campaign.

The two met over the course of several months, and when the FBI entered the room during one of their meetings, the agents didn’t arrest him. He retired from the police force in March 2010. In September 2010, a federal grand jury indicted him with federal funds bribery and attempted extortion under color of official right. The government sought to preclude Plowman from presenting an entrapment defense. Judge Larry McKinney refused to issue an entrapment instruction to the jury as Plowman wanted, and he granted the government’s motion in limine. Plowman was convicted in September 2011.

The transcripts of Plowman’s conversations with the undercover FBI agent “overwhelmingly show that Plowman was not entrapped into accepting the bribe,” Judge Daniel Manion wrote.

The 7th Circuit held that McKinney correctly concluded that there was insufficient evidence that the government induced Plowman to accept the bribe, and at no time did the undercover agent mislead Plowman into thinking that Plowman was performing a legal business service.

“The FBI conducted a standard sting operation that did not induce Plowman to accept a bribe. To argue entrapment to a jury, Plowman needed to provide sufficient evidence of both inducement and a lack of predisposition, but he failed to establish the first element,” Manion wrote in United States of America v. Lincoln Plowman,
11-3781.

 

ADVERTISEMENT

  • ESP
    How do these judges know all these things when everyone knows that they only know what they were told. So now it appears COA judges are making decisions based on hearsay!

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

ADVERTISEMENT