U.S. v. Petlechkov
criminal appeal from jury convictions on 20 counts of mail fraud; sufficiency challenge limited to materiality rejected for all counts; Counts 6, 13 and 19 affirmed, the other 17 counts dismissed without prejudice for unproved venue; remanded for resentencing (result: mixed)
Facts
- 1 Scheme or artifice to defraud satisfied conceded
In order to obtain such a discount, Dimitar Petlechkov lied to FedEx and claimed he was a vendor for a high-volume shipper.
- 1 Scheme or artifice to defraud satisfied conceded
Petlechkov concedes that he made a misrepresentation but contends that it was not material.
- 3 Material deception satisfied proved
A fraudulent scheme must include a material misrepresentation, which is a misrepresentation that could influence the decision of a "person[ ] of ordinary prudence and comprehension."
- 3 Material deception satisfied proved
His misrepresentation was simple: he called FedEx's account manager for General Dynamics-one of FedEx's larger clients-and claimed he was a General Dynamics vendor entitled to its discounted shipping rate.
- 3 Material deception satisfied proved
And indeed, FedEx's standard "operating procedure" was to extend a customer's discounts to its vendors.
- 3 Material deception satisfied proved
Thus, Petlechkov's false statement was capable of influencing FedEx's decision.
- 3 Material deception satisfied proved
And indeed, it actually influenced FedEx's decision-FedEx gave him a discount that lasted for several years.
- 3 Material deception satisfied proved
Newborn did testify that in some circumstances unwritten discounts violate Sarbanes-Oxley.
- 3 Material deception satisfied proved
Despite Petlechkov's arguments to the contrary, a rational juror could have found his misrepresentation material.