U.S. v. Giovenco

Federal 7th Circuit Court
Criminal Court
Mail Fraud
Citation
Case Number: 
Nos. 13-3283 & 13-3537 Cons.
Decision Date: 
December 9, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant’s motion for acquittal on mail fraud charge arising out of scheme to deceive third-party to award contract to defendant’s employer under guise that defendant’s employer qualified as minority-owned business, even though defendant was not employed by his employer at time six mailings at issue in charged offense had been sent. Withdrawal by defendant in instant scheme is not recognized defense to mail fraud charge, since no agreement is necessary for mail fraud liability. Moreover, although defendant was no longer working for his employer at time employer sent charged mailings, it was reasonably foreseeable that instant charged mailings would occur as result of defendant’s prior participation in scheme, which included defendant’s signature on contract that obligated victim to send checks at issue in charged offense.