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cases/18usc1343/f3d-915-493-us-v-boliaux.case

Source: cases/18usc1343/f3d-915-493-us-v-boliaux.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_915/0493_01/index.html

Verbatim annotated passages

the evidence demonstrated that Boliaux obtained financing from lenders through materially false representations, and he perpetuated his scheme through the concealment of material facts.
The evidence of Boliaux's supervision of Joliet Motors, and his involvement in the payment-processing system, was sufficient to make the wire transmissions a foreseeable consequence of his scheme.

Exact source text

casedsl 1.2

# author: Flash3 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)
case /f3d/915/0493-01
  name    United States v. Boliaux
  cite    915 F.3d 493 (2019)
  court   United States Court of Appeals for the Seventh Circuit
  date    2019-02-12
  url     catalog/cases/f3d/volume_915/0493_01/index.html
  source  ir/caselaw/f3d_915.jsonl sha1=9027baa98fdef0514dfd8026775671e12ebcae08 chars=13252

opinion op : majority by Easterbrook @0..13252 controlling
? opinion: the sufficiency analysis (@2076..4661) is the district court's Rule 29 order, block-quoted and adopted by the panel ("It is not necessary to say more about the sufficiency of the evidence"); quotes from it are the district court's words inside the panel opinion
party p1 : Edward Boliaux
count c1 : four counts of wire fraud (used-car dealership floorplan-financing scheme)

law 18usc1343
  role    applied
  posture criminal appeal from jury conviction on four counts of wire fraud (18 U.S.C. ยง 1343) and six of bank fraud; sufficiency challenge rejected by adopting the district court's Rule 29 analysis; duplicity/multiplicity arguments forfeited; affirmed
  result  claimant-won

element scheme : satisfied [proved]
  decider jury
  review  affirmed
  party   p1
  count   c1
  route   fraudulent-inducement
  pattern duplicate car titles and forged lien releases used to obtain multiple floorplan loans against the same vehicles; defence that it was only breach of contract rejected
  fact @2684..2942 [supports] | It suffices to note that Boliaux lied to obtain duplicate titles for cars that he knew were financed by one lender, and used the duplicate titles to obtain additional financing from a second lender-thereby compromising the security interests of both lenders.
  fact @2943..3142 [supports] | Later, he forged lien releases purportedly from GMAC, and with those releases, obtained car titles that he used to secure more financing-thereby cheating those lenders by concealing GMAC's interests.
  rule @2550..2683 [quoted] | Obtaining money through a scheme intended to cheat others is a crime whether or not it is also sloppy business or breach of contract.
  held @2200..2385 | the evidence demonstrated that Boliaux obtained financing from lenders through materially false representations, and he perpetuated his scheme through the concealment of material facts.
  gloss   The held sentence is the district court's Rule 29 conclusion, adopted by the panel without further discussion.

element wire : satisfied [proved]
  decider jury
  review  affirmed
  party   p1
  count   c1
  route   foreseeable-causation
  pattern defendant did not personally transmit; supervised the dealership and its payment-processing system through which customer payments were wired
  fact @1128..1274 [supports] | In September 2008 Cindy Boliaux, then Edward's wife, incorporated Joliet Motors, which Edward operated from the premises formerly occupied by EMC.
  fact @1275..1382 [supports] | Joliet Motors received installment payments sent by the customers of EMC yet did not remit them to lenders.
  held @3937..4133 | The evidence of Boliaux's supervision of Joliet Motors, and his involvement in the payment-processing system, was sufficient to make the wire transmissions a foreseeable consequence of his scheme.
  gloss   The principal sufficiency argument on the wire counts was that Boliaux transmitted nothing by wire himself; rejected because the transmissions were a foreseeable consequence of the scheme he supervised. The opinion gives no further detail of the payment-processing evidence.

element interstate : satisfied [proved]
  decider jury
  review  affirmed
  party   p1
  count   c1
  route   _whole
  pattern payments from an Illinois dealership routed through Pennsylvania or Ohio
  fact @3650..3779 [supports] | The charged wire transmissions traveled across state lines-from Joliet Motors in Illinois and routed through Pennsylvania or Ohio
  gloss   Recited in the adopted Rule 29 order; the opinion does not indicate that interstate routing was contested on appeal, and there is no separate deciding sentence.
  ? holding: uncontested on appeal as far as the opinion shows; recorded as proved because the panel adopted the district court's sufficiency ruling as a whole