United States Court of Appeals for the Seventh Circuit · 2019-01-03
18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: criminal appeal from bench-trial conviction on four counts of wire fraud (18 U.S.C. § 1343); challenges to the indictment (unpreserved, plain error), sufficiency of the evidence and restitution rejected; affirmed; result: claimant-won; claim:
Uncertainty
None recorded
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. Corrigan — 912 F.3d 422 (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. Corrigan — 912 F.3d 422 (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 |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Corrigan — 912 F.3d 422 (2019) · United States Court of Appeals for the Seventh Circuit · 2019 — satisfied · proved (18usc1343: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Material deception | satisfied Counted merits instance applied / merits basis: proved; party: William D. Corrigan; count: four counts of wire fraud (Count I Neilitz; Counts II-IV Rawah Partners); subject: party=William D. Corrigan; count=four counts of wire fraud (Count I Neilitz; Counts II-IV Rawah Partners) Defendant's argument that he never misstated the stock's value or the investment's risk rejected: statements about why the money was needed and how it would be used were capable of influencing the decision to invest. | false purpose-of-funds statements capable of influencing investors although stock value and investment risk were not misstated | At trial, Duncan and Neilitz testified that Corrigan solicited the second round of investments by representing that it was necessary to cover ECS's health insurance costs; that if he was unable to raise the required revenue before the end of March 2009, its health insurer would cancel its policy; and that if Neilitz and Rawah Partners, respectively, were not interested he would have to solicit funds from other investors.Source: docroot/ir/caselaw/f3d_912.jsonl#/f3d/912/0422-01; Unicode character offsets [15763:16187] (end exclusive); SHA-256 aadf9132ad891c365a7968b690940ec3ce0070f4acc683f6204c0ef932f8fc4a.Here, Corrigan explicitly told the investors that the funds were necessary to cover the impending health insurance premiums and that if ECS lost its insurance coverage it would jeopardize the then-pending sale.Source: docroot/ir/caselaw/f3d_912.jsonl#/f3d/912/0422-01; Unicode character offsets [17970:18180] (end exclusive); SHA-256 aadf9132ad891c365a7968b690940ec3ce0070f4acc683f6204c0ef932f8fc4a.But, "a false statement is material if it has a natural tendency to influence or [is] capable of influencing, the decision of the decisionmaking body to which it was addressed."Source: docroot/ir/caselaw/f3d_912.jsonl#/f3d/912/0422-01; Unicode character offsets [17411:17588] (end exclusive); SHA-256 aadf9132ad891c365a7968b690940ec3ce0070f4acc683f6204c0ef932f8fc4a.Accordingly, we agree with the district court; the evidence at trial supports the conclusion that Corrigan made material misrepresentations about the need for investor funds and what those funds would be used for.Source: docroot/ir/caselaw/f3d_912.jsonl#/f3d/912/0422-01; Unicode character offsets [18340:18553] (end exclusive); SHA-256 aadf9132ad891c365a7968b690940ec3ce0070f4acc683f6204c0ef932f8fc4a. |
| United States v. Corrigan — 912 F.3d 422 (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: William D. Corrigan; count: four counts of wire fraud (Count I Neilitz; Counts II-IV Rawah Partners); subject: party=William D. Corrigan; count=four counts of wire fraud (Count I Neilitz; Counts II-IV Rawah Partners) Sufficiency of the bench-trial finding of a scheme upheld: investments were solicited by false statements of present fact (an insurance policy already cancelled, a non-existent deadline) and the money diverted to personal use. | CEO solicits further stock purchases by falsely claiming funds are needed for employee health-insurance premiums, has them wired to his personal account and spends them personally | By March 2009, United Healthcare had terminated ECS's policy for non-payment and there were no other looming deadlines that required a cash infusion.Source: docroot/ir/caselaw/f3d_912.jsonl#/f3d/912/0422-01; Unicode character offsets [16222:16371] (end exclusive); SHA-256 aadf9132ad891c365a7968b690940ec3ce0070f4acc683f6204c0ef932f8fc4a.Instead the funds were spent by Corrigan personally to, inter alia , travel and support his girlfriend.Source: docroot/ir/caselaw/f3d_912.jsonl#/f3d/912/0422-01; Unicode character offsets [16445:16548] (end exclusive); SHA-256 aadf9132ad891c365a7968b690940ec3ce0070f4acc683f6204c0ef932f8fc4a.Documents showed Corrigan misled investors as to where the funds would be sent, the Stock Subscription Agreements indicated that the funds would be sent to ECS, but Corrigan provided his personal account number instead.Source: docroot/ir/caselaw/f3d_912.jsonl#/f3d/912/0422-01; Unicode character offsets [16602:16821] (end exclusive); SHA-256 aadf9132ad891c365a7968b690940ec3ce0070f4acc683f6204c0ef932f8fc4a.In sum, there was ample evidence to support the district judge's conclusion that Corrigan had perpetrated a scheme to defraud investors.Source: docroot/ir/caselaw/f3d_912.jsonl#/f3d/912/0422-01; Unicode character offsets [17007:17143] (end exclusive); SHA-256 aadf9132ad891c365a7968b690940ec3ce0070f4acc683f6204c0ef932f8fc4a. |