U.S. v. Philpot

Record contained sufficient evidence to support defendant-County Clerk’s mail fraud conviction stemming from defendant’s receipt of $25,000 in bonus payments from federally funded child support fund without required approval of County Board, even though defendant argued that he took said bonuses negligently and in good faith where attorney told him that his taking of prior bonuses without prior approval was consistent with relevant Indiana statute calling for said prior approval. Defendant, as attorney, knew of existence of applicable statute two months prior to taking January 2009 bonus, and jury could properly find that defendant intentionally took said bonus in spite of statute’s mandate that he have prior approval, where third-party testified that he told defendant of need for said prior approval prior to defendant’s receipt of January 2009 bonus. Fact that defendant had obtained legal opinion that defendant had complied with statute on prior occasions when he took bonus without seeking prior approval did not require different result where defendant was actually aware of requirement for prior approval at time he obtained January 2009 bonus.