Sorich v. U.S.

Dist. Ct. did not err in denying defendants’ habeas petition challenging their mail fraud convictions arising out of scheme to award City of Chicago jobs and promotions to favored applicants who had previously served as campaign workers and volunteers for certain political candidates, even though defendants argued that Dist. Ct. had erred in giving jury instruction that defined scheme to defraud as deprivation of money or property or theft of honest services. While instant instruction was incorrect in light of Skilling, 130 SCt 2896, said error was harmless since record reflected single scheme to take City jobs and promotions through false representations, and that said jobs and promotions constituted City’s money or property. As such, jury could only have convicted defendants on money/property fraud and not on theft of honest services fraud that was at issue in Skilling. Fact that defendants did not receive cash from scheme did not require different result.