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Former officer’s convictions of bribery, attempted extortion affirmed

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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.

 

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  • 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!

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  1. 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?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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