U.S. v. Buncich

Federal 7th Circuit Court
Criminal Court
Wire Fraud
Citation
Case Number: 
No. 18-1216
Decision Date: 
June 5, 2019
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Affirmed and reversed in part and remanded

Record contained sufficient evidence to support three wire fraud counts stemming from allegation that defendant-Sheriff took kickbacks in form of election campaign contributions in exchange for award of tow-truck territories to individuals making said contributions. Witness testified that donating to defendant’s campaign was necessary to maintain his towing assignments/territories, and record showed that other towing companies who failed to buy full allotment of election campaign tickets had territories taken away. Dist. Ct. erred, though, in admitting chart that detailed payments above amounts alleged in charged offenses, even though

Dist. Ct.
found that evidence of unexplained amounts of cash is indicative of criminal activity, since govt. presented no evidence that excess money represented illicit gain from criminal activity. Error, though, was harmless given strength of evidence establishing defendant’s guilt.