United States Court of Appeals for the Seventh Circuit · 2019-02-12
18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: criminal appeal from jury conviction on four counts of wire fraud (18 U.S.C. § 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; claim:
Uncertainty
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
Element interstate: 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
Misfit
None recorded
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 8
| Case | Scheme or artifice to defraud | Traditional money or property as an object | Material deception | Knowing participation with intent to defraud | Transmission or causation by wire, radio, television | Wire transmission for execution of scheme |
|---|---|---|---|---|---|---|
| United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 7–8 of 8
| Case | Interstate or foreign transmission | Separate section 1346 theory; outside property-fraud claim |
|---|---|---|
| United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Interstate or foreign transmission | satisfied Counted merits instance applied / merits basis: proved; party: Edward Boliaux; count: four counts of wire fraud (used-car dealership floorplan-financing scheme); subject: party=Edward Boliaux; count=four counts of wire fraud (used-car dealership floorplan-financing scheme) 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. | payments from an Illinois dealership routed through Pennsylvania or Ohio | The charged wire transmissions traveled across state lines-from Joliet Motors in Illinois and routed through Pennsylvania or OhioSource: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [3650:3779] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078. |
| United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Scheme or artifice to defraud | satisfied Counted merits instance applied / merits basis: proved; party: Edward Boliaux; count: four counts of wire fraud (used-car dealership floorplan-financing scheme); subject: party=Edward Boliaux; count=four counts of wire fraud (used-car dealership floorplan-financing scheme) The held sentence is the district court's Rule 29 conclusion, adopted by the panel without further discussion. | 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 | 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.Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [2684:2942] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078.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.Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [2943:3142] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078.Obtaining money through a scheme intended to cheat others is a crime whether or not it is also sloppy business or breach of contract.Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [2550:2683] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078.the evidence demonstrated that Boliaux obtained financing from lenders through materially false representations, and he perpetuated his scheme through the concealment of material facts.Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [2200:2385] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078. |
| United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Transmission or causation by wire, radio, television | satisfied Counted merits instance applied / merits basis: proved; party: Edward Boliaux; count: four counts of wire fraud (used-car dealership floorplan-financing scheme); subject: party=Edward Boliaux; count=four counts of wire fraud (used-car dealership floorplan-financing scheme) 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. | defendant did not personally transmit; supervised the dealership and its payment-processing system through which customer payments were wired | In September 2008 Cindy Boliaux, then Edward's wife, incorporated Joliet Motors, which Edward operated from the premises formerly occupied by EMC.Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [1128:1274] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078.Joliet Motors received installment payments sent by the customers of EMC yet did not remit them to lenders.Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [1275:1382] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078.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.Source: docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [3937:4133] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078. |
Court interpretations recorded from this case
interpretation
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.
United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))
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.Source:
docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [3937:4133] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078.The defendant need not personally send the transmission. Boliaux affirmed a conviction where control of the dealership and payment system made the charged transmissions foreseeable; its quoted analysis is the district court reasoning expressly adopted on appeal. This is judicial construction of the statutory causation alternative. Foreseeability of wire use is distinct from proof that the charged transmission actually crossed state or national boundaries and furthered the scheme.
interpretation
The charged wire transmissions traveled across state lines-from Joliet Motors in Illinois and routed through Pennsylvania or Ohio, and they advanced the scheme to defraud the lenders because they were payments for a vehicle that had been sold to the detriment of the lender's interests.
United States v. Boliaux — 915 F.3d 493 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))
The charged wire transmissions traveled across state lines-from Joliet Motors in Illinois and routed through Pennsylvania or Ohio, and they advanced the scheme to defraud the lenders because they were payments for a vehicle that had been sold to the detriment of the lender's interests.Source:
docroot/ir/caselaw/f3d_915.jsonl#/f3d/915/0493-01; Unicode character offsets [3650:3936] (end exclusive); SHA-256 a2d8cc2afe88a91fa856e6f1d0d7fefd9cfc2de1338b80b4342b6d9644d0e078.The charged transmission must satisfy the jurisdictional requirement. Identify evidence of interstate routing, not simply the presence of a computer or telephone.