United States Court of Appeals for the Seventh Circuit · 2019-06-05
18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
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
| 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. 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
| Case | Interstate or foreign transmission | Separate 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
| Case | Element | Holding and scope | Pattern | Exact 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 claim | satisfied 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.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.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.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.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."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.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.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. |
| 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, television | not 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.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.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. |
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.