United States Court of Appeals for the Eleventh Circuit · 2019-07-30
18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: criminal appeal after retrial; jury conviction for conspiracy to commit wire fraud (18 U.S.C. §§ 1343, 1349) and money-laundering conspiracy; sufficiency upheld, constructive-amendment, double-jeopardy, due-process and sentencing challenges rejected; affirmed; result: claimant-won; claim:
Uncertainty
opinion: IR text is capped at 60000 chars; the concurrence (critique of Takhalov's reading of "scheme to defraud") is truncated and nothing is quoted from it
role: the conviction is for § 1349 conspiracy; § 1343 is the object offence. The court applies the § 1343 scheme-to-defraud requirement to the trial evidence, so the blocks are recorded as applied; no completed wire-fraud count was before the court (first jury acquitted on the substantive counts)
Element scheme: route: the dispute is which deceptions go to the nature of the bargain (Takhalov) and so count as a scheme to defraud; no route for that sub-question, and the court avoided deciding it
Element intent: other: what is decided is knowing and voluntary agreement to the scheme (the § 1349 mens rea), mapped to the § 1343 intent element; the court does not separately discuss "intent to defraud"
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. Feldman — 931 F.3d 1245 (2019) · United States Court of Appeals for the Eleventh 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. Feldman — 931 F.3d 1245 (2019) · United States Court of Appeals for the Eleventh Circuit · 2019 (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Feldman — 931 F.3d 1245 (2019) · United States Court of Appeals for the Eleventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Knowing participation with intent to defraud | satisfied Counted merits instance applied / merits basis: proved; party: Isaac Feldman; count: conspiracy to commit wire fraud (18 U.S.C. § 1349; object § 1343), Miami Beach "B-girl" nightclubs, retrial; subject: party=Isaac Feldman; count=conspiracy to commit wire fraud (18 U.S.C. § 1349; object § 1343), Miami Beach "B-girl" nightclubs, retrial Knowing participation rested on the cooperating witness's testimony that Feldman knew of the unordered-bottle charges; the jury was entitled to credit it. | investor-manager's awareness of routine overcharging, shown by cooperating ringleader's testimony | "To prove a conspiracy to commit wire fraud, the government need not demonstrate an agreement specifically to use the interstate wires to further the scheme to defraud; it is enough to prove ... that the use of the interstate wires in furtherance of the scheme was reasonably foreseeable," provided the government "prove[s] that the defendant knowingly and voluntarily agreed to ... a scheme to defraud."Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/1245-01; Unicode character offsets [27471:27875] (end exclusive); SHA-256 9164187ee863c8b38f722756c8cb94047e4a0851d6f581235a3c33fbbbc39d72.Simchuk repeatedly testified that once a patron made the mistake of providing his credit card to a bartender, it would "be charged for bottles he didn't order," that "this happen[ed] at Stars Lounge," and that Feldman "was aware of this" and knew "exactly what[ ] [was] going on there."Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/1245-01; Unicode character offsets [29393:29679] (end exclusive); SHA-256 9164187ee863c8b38f722756c8cb94047e4a0851d6f581235a3c33fbbbc39d72.Simchuk testified about a scheme to commit what qualifies as fraud under any interpretation of the wire-fraud statute, and he testified that Feldman knowingly participated in that scheme.Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/1245-01; Unicode character offsets [30828:31015] (end exclusive); SHA-256 9164187ee863c8b38f722756c8cb94047e4a0851d6f581235a3c33fbbbc39d72. |
| United States v. Feldman — 931 F.3d 1245 (2019) · United States Court of Appeals for the Eleventh 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: Isaac Feldman; count: conspiracy to commit wire fraud (18 U.S.C. § 1349; object § 1343), Miami Beach "B-girl" nightclubs, retrial; subject: party=Isaac Feldman; count=conspiracy to commit wire fraud (18 U.S.C. § 1349; object § 1343), Miami Beach "B-girl" nightclubs, retrial Defendant argued the tactics within his agreement (B-girls luring patrons, deflecting price questions) were not fraud under Takhalov; the court did not sort the tactics, holding that charging for unordered drinks is fraud "under any interpretation of the wire-fraud statute". | nightclub charges patrons' credit cards for drinks not ordered and runs cards to the limit; lies about number and kind of drinks | Simchuk described a particular ruse in which bartenders would tell patrons that they were receiving two bottles of champagne for the price of one but charge them for both after they accepted the "free" bottle, and although he was describing his clubs in Latvia when he testified about this trick, he testified immediately afterward that he brought "exactly the same system" to Miami.Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/1245-01; Unicode character offsets [29680:30063] (end exclusive); SHA-256 9164187ee863c8b38f722756c8cb94047e4a0851d6f581235a3c33fbbbc39d72.Simchuk also testified that the "bartender's job was [to] open up the tab and clean up the credit card." He used the phrase "clean up the credit card" more than once, and, when the government asked him what it meant, he replied, "That's what I mean, run the credit card until it stopped. ... Just charge it."Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/1245-01; Unicode character offsets [30064:30372] (end exclusive); SHA-256 9164187ee863c8b38f722756c8cb94047e4a0851d6f581235a3c33fbbbc39d72.In Simchuk's words, once a customer ordered even a single drink, "[b]artender went to bar, open up the tab, let the guy sign, that's it, credit card gone."Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/1245-01; Unicode character offsets [30672:30827] (end exclusive); SHA-256 9164187ee863c8b38f722756c8cb94047e4a0851d6f581235a3c33fbbbc39d72.Based on Simchuk's testimony, the jury rationally could have found that Feldman knowingly participated in a scheme to charge customers for drinks they did not order, to lie to customers about the number and kind of drinks they were being charged for, and to lie to credit-card companies about the drinks patrons had ordered.Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/1245-01; Unicode character offsets [29068:29392] (end exclusive); SHA-256 9164187ee863c8b38f722756c8cb94047e4a0851d6f581235a3c33fbbbc39d72. |