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Judges uphold mail fraud conviction

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Although it noted the question was a "close one," the 7th Circuit Court of Appeals determined there was sufficient evidence to support a man's conviction of mail fraud in his scheme to defraud the government out of money for work he didn't complete.

In United States of America v. Timothy A. Boisture, No. 07-1621, Timothy Boisture appealed one of his two convictions of mail fraud. Boisture, a partial owner of Environmental Consulting and Engineering Company, participated in a multi-part scheme to defraud his company and the Indiana Department of Environmental Management. Boisture was awarded a project through IDEM to clean up oil and waste storage tanks and plug 12 oil and oil injection wells in Vanderburgh County. Later, the project expanded to 39 more wells in the county. IDEM paid for the project with a grant from the U.S. Coast Guard and the Department of Natural Resources oversaw the closure of the wells.

Boisture, along with subcontractor Carl Hanisch and DNR inspector Donald Veatch, conspired to get money from IDEM for work they didn't complete. Environmental Consulting could get additional funds for "out of scope" work, and after Hanisch incurred unexpected out-of-pocket expenses, the three men wrote up reports and invoices claiming to perform work that they could be reimbursed for. After his convictions of mail fraud, Boisture appealed arguing insufficient evidence on one count of mail fraud.

The government relied on false representations in two "Plugging and Abandonment Reports" required by DNR for each well closed to support the mail fraud convictions. The reports were mailed from the Evansville office to the Indianapolis office. At the time of the mailings, Boisture and his co-schemers had already been paid, so he argued the government failed to show the mailings furthered their scheme. He also argued there was insufficient evidence anyone in the scheme knew the reports would be mailed.

Boisture, Hanisch, and Veatch sought to keep their scheme undetected, and the reports tied into and helped complete the scheme as a whole, wrote Judge Ilana Rovner. They needed the invoices and the reports to match so as to not raise suspicion. In addition, the DNR didn't consider the plugging process finished until the completed reports were received and bond released. Although the government's case could have been stronger, the jury could have inferred from the evidence that the two reports amounted to the final step in a broad scheme to dupe IDEM.

The 7th Circuit also rejected Boisture's argument that none of the three men could have foreseen the reports would be mailed. Veatch testified that he knew the final part of the report, the bond release, was completed and stored at the main DNR office in Indianapolis. He also testified that he submitted the reports to the Evansville office; from this, the jury could infer that Veatch could have reasonably foreseen the documents would be mailed. No employee hand delivered the reports and to convict Boisture of mail fraud, the government had to prove he, Veatch or Hanisch could reasonably foresee the documents being mailed, wrote Judge Rovner.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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