Sufficiency of Evidence and Jury Instructions

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7^th Circuit Court of Appeals

Case Name: United States of America v. David Johnson, et al.

Case No.: 15-3830; 16-1471

Officials: ROVNER and WILLIAMS, Circuit Judges, and CONLEY, District Judge.

Focus: Sufficiency of Evidence and Jury Instructions

On appeal, Walton and Johnson challenge the sufficiency of the evidence, arguing that the government failed to prove that either Walton or Johnson had the requisite intent for a fraud conviction. We find the government provided substantial evidence that Walton and Johnson had specific intent, including evidence of kickbacks and making false statements. Walton and Johnson also challenge their money laundering convictions, but there was sufficient evidence to support those convictions as well.

Walton also challenges the district court’s jury instructions, arguing that the court’s instruction on 10 U.S.C. § 666 permitted the jury to convict him of accepting a gratuity and not a bribe, and that § 666 should only permit conviction for bribes. We find no clear error in the § 666 instruction. The court’s instruction and record evidence made clear that Walton was convicted for accepting bribes, not gratuities, and we decline Walton’s invitation to overturn precedent to reconsider the construction of § 666. Johnson and Walton’s assertion that the district court erred by failing to provide a good faith instruction is also incorrect. Their convictions required proof of their bad intent (specific intent to commit fraud), so a good faith jury instruction was unnecessary.

Finally, Walton and Johnson challenge their sentences. Both were subject to a sentencing enhancement because their offenses involved a public official in a high-level decision making position (Walton). We find this enhancement was proper, because as the manager of the Land Bank, Walton was in a sensitive position. We also find no error in the district court’s decision to enhance Walton and Johnson’s sentences because they victimized vulnerable families.

Affirmed

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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.