Suppression of Evidence – Sufficiency of Evidence

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Steven Mandell

Case No.: 14-3747; 14-3772

Officials: POSNER, EASTERBROOK, and WILLIAMS, Circuit Judges

Focus: Suppression of Evidence – Sufficiency of Evidence

Appellant raises immaterial arguments against instillation of hidden cameras – evidence provided is more than sufficient to support convictions.

“Moreover, even if the FBI did know that Engel was the ac‐ complice, the application also urged that the wiretap was needed to: (i) ascertain each defendant’s role in the plot, see United States v. Plescia, 48 F.3d 1452, 1463 (7th Cir. 1995); and (ii) obtain evidence to prove each defendant guilty beyond a reasonable doubt, see United States v. Campos, 541 F.3d 735, 748 (7th Cir. 2008); Fudge, 325 F.3d at 919. The wiretap served those purposes. Mandell argues that the government did not need the video evidence because it already had recordings of Mandell’s conversations with George Michael. But remember, Mandell told the jury that he was role playing, to feed Mi‐ chael’s fantasies and continue getting paid. The recorded con‐ versations are consistent with that story. In contrast, the vid‐ eos from Club Med, in which Mandell and Engel discuss their plans in gruesome and tedious detail even though Michael is not present, are not consistent with “fantasies.””

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.