United States v. Boone

628 F.3d 927 (2010) United States Court of Appeals for the Seventh Circuit 2010-12-27

criminal; alderman's housing coordinator convicted by jury of honest-services mail fraud (1341 + 1346, pay-to-play bribes for zoning support letters), acquitted of 666 bribery; appeal challenges only the admission of evidence of other shakedowns (relevance, Rule 403); sufficiency of no element is challenged (result: claimant-won)

Facts

  1. 7 Separate section 1346 theory; outside property-fraud claim satisfied conceded
    Pursuant to that scheme, developers who wanted to build or rehabilitate property in the 20th Ward were required to pay a bribe to Troutman’s office in order to gain support that they needed to proceed, such as letters of support from her for zoning changes, alley access, and curb cutting.
  2. 7 Separate section 1346 theory; outside property-fraud claim satisfied conceded
    Accordingly, the Court held that in order to avoid vagueness problems, § 1346 must be read as criminalizing only bribery and kickback schemes.
  3. 7 Separate section 1346 theory; outside property-fraud claim satisfied conceded
    The allegations were that a payment was made in order to obtain the services that the alderman’s office is supposed to provide.
  4. 7 Separate section 1346 theory; outside property-fraud claim satisfied conceded
    Thus, the allegations underlying the honest services conviction in this case involved the type of bribery conduct that the Court preserved in Skilling, and which constitutes criminal conduct under § 1346.