U.S. v. Fenzl

Record failed to contain sufficient evidence to support jury's guilty verdict on mail and wire fraud charges stemming from scheme in which defendant inflated number of bidders for City of Chicago project and failed to honor obligation to subcontract portion of project to minority business enterprise once defendant had obtained contract for said project as lowest bidder. Record failed to contain any evidence indicating that defendant's conduct, which had effect of allowing defendant to perform some work if another bidder obtained contract, would have resulted in City awarding contract to higher bidder had it known of defendant's conduct. Moreover, new trial was required with respect to portion of charges concerning defendant's failure to subcontract portion of project to minority business enterprise where prosecutor improperly suggested during closing argument that defendant could be found guilty if he had made decision not to subcontract portion of contract to minority business enterprise after he had been awarded contract.