United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019

United States Court of Appeals for the Seventh Circuit · 2019-06-05

18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

18 U.S.C. § 1343

Role: applied; posture: criminal appeal from jury convictions on five counts of honest-services wire fraud (18 U.S.C. §§ 1343, 1346) and one of § 666 bribery; Counts I-III reversed because the charged wire transfers were not proved, Counts IV-V affirmed on sufficiency; Rule 404(b) error harmless; result: mixed; claim:

Uncertainty

Element wire: basis: reversal rests on the government's concession that the transfers were not proved; [no-evidence] (verdict reversed for insufficiency) chosen over [conceded]

Element honest-services-boundary: polarity: the check being payable to a party committee is the fact behind the campaign-contribution defence; the court does not discuss it in the analysis section and treats the recipient's use of the money as irrelevant

Misfit

Honest-services fraud has no element ids of its own in the law file; `honest-services-boundary : satisfied` here means "the conduct proved is within the bribery core of § 1346". Scheme and intent to deprive of honest services are not separately recordable.

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

18 U.S.C. § 1343
CaseScheme or artifice to defraudTraditional money or property as an objectMaterial deceptionKnowing participation with intent to defraudTransmission or causation by wire, radio, televisionWire transmission for execution of scheme
United States v. Buncich — 926 F.3d 361 (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· not addressed

Elements 7–8 of 8

18 U.S.C. § 1343
CaseInterstate or foreign transmissionSeparate section 1346 theory; outside property-fraud claim
United States v. Buncich — 926 F.3d 361 (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

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Separate section 1346 theory; outside property-fraud claimsatisfied
Counted merits instance
applied / merits

basis: proved; party: John Buncich; count: Counts IV-V (honest-services wire fraud; JP Morgan Chase wire transfers of two $2,000 checks); subject: party=John Buncich; count=Counts IV-V (honest-services wire fraud; JP Morgan Chase wire transfers of two $2,000 checks)

The contested question was whether the two checks were bribes (quid pro quo for towing territory) or mere campaign contributions; the jury's bribe finding was upheld. This is the § 1346 theory, not the property-fraud claim, so it is recorded under the boundary element rather than `scheme`.
sheriff's towing assignments exchanged for campaign-fundraiser checks and cash; "only a campaign contribution" defence rejected
Jurgensen testified that donating to the Buncich campaign was necessary to maintain his towing assignments.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [10402:10509] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Downs told Jurgensen and Szarmach that Buncich intended to remove towing companies and that those who "weren't very friendly" would "probably bite the dust."
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [10738:10895] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Buncich then moved the heavy tow boundary, increasing Szarmach's tows and the profits of both men.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [10995:11093] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

On October 14, 2014, Jurgensen and Szarmach each gave Downs $ 500 cash and a check for $ 2,000 made out to the Lake County Central Democratic Committee.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [3782:3934] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

An honest services fraud scheme covers only bribery or kickbacks.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [9374:9439] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

"The exchange of an official act for money violates federal law, no matter how the recipient uses the cash."
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [10233:10341] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 1 (1 = tagged; 0 = not tagged)

On the contrary, from the record here a rational jury could conclude that these payments were made to Buncich in exchange for official acts.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [10092:10232] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

These conclusions were rationally based on the evidence presented, and the guilty verdict is affirmed as to Counts IV and V.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [11322:11446] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — not · no-evidence (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Transmission or causation by wire, radio, televisionnot
Counted merits instance
applied / merits

basis: no-evidence; party: John Buncich; count: Counts I-III (honest-services wire fraud; Federal Reserve payroll funds transfers); subject: party=John Buncich; count=Counts I-III (honest-services wire fraud; Federal Reserve payroll funds transfers)

Jury verdict on Counts I-III reversed for want of proof of the charged transmissions; the opinion gives no analysis beyond the parties' agreement.
no trial evidence of the charged payroll funds transfers; government agrees on appeal
To establish wire fraud under 18 U.S.C. § 1343, the government must prove the defendant (1) participated in a scheme to defraud, (2) intended to defraud, and (3) used interstate wires in furtherance of the fraud.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [9029:9241] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Both parties agree the evidence presented to the trial court failed to establish the wire transfers that were the basis of Counts I-III.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [9651:9787] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Buncich's conviction on Counts I-III is hereby reversed.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [9788:9844] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case

interpretation

An honest services fraud scheme covers only bribery or kickbacks.

United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 (18usc1341: author: unavailable · not independently reviewed)

An honest services fraud scheme covers only bribery or kickbacks.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [9374:9439] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Section 1346 supplies the intangible-right theory. Do not combine its different target with the property element above. Its bribery/kickback and fiduciary-duty limits require separate analysis; this boundary node is not a complete honest-services claim.

interpretation

To establish wire fraud under 18 U.S.C. § 1343, the government must prove the defendant (1) participated in a scheme to defraud, (2) intended to defraud, and (3) used interstate wires in furtherance of the fraud.

United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))

To establish wire fraud under 18 U.S.C. § 1343, the government must prove the defendant (1) participated in a scheme to defraud, (2) intended to defraud, and (3) used interstate wires in furtherance of the fraud.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [9029:9241] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

The wire act must further the fraudulent scheme; proof of a scheme cannot substitute for proof of the charged transmission. Buncich was an honest-services prosecution: its transmission/furtherance holding applies to the common communication requirement, not as a substitute for the property-fraud claim's separate property and materiality conjuncts.

interpretation

Both parties agree the evidence presented to the trial court failed to establish the wire transfers that were the basis of Counts I-III. Buncich's conviction on Counts I-III is hereby reversed.

United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))

Both parties agree the evidence presented to the trial court failed to establish the wire transfers that were the basis of Counts I-III. Buncich's conviction on Counts I-III is hereby reversed.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [9651:9844] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

The wire act must further the fraudulent scheme; proof of a scheme cannot substitute for proof of the charged transmission. Buncich was an honest-services prosecution: its transmission/furtherance holding applies to the common communication requirement, not as a substitute for the property-fraud claim's separate property and materiality conjuncts.

interpretation

An honest services fraud scheme covers only bribery or kickbacks.

United States v. Buncich — 926 F.3d 361 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))

An honest services fraud scheme covers only bribery or kickbacks.
Source: docroot/ir/caselaw/f3d_926.jsonl#/f3d/926/0361-01; Unicode character offsets [9374:9439] (end exclusive); SHA-256 56a673f1dd795c366bc196f56bed8fa59fe928d42325fa708873309b90485d60.

Section 1346 supplies the intangible-right theory. Do not combine its different target with the property element above. Its bribery/kickback and fiduciary-duty limits require separate analysis; this boundary node is not a complete honest-services claim.