Wire Fraud
Sufficiency of evidence

Where a defendant managed a criminal operation in her husband's absence, the evidence was sufficient to convict her of conspiracy in the operation.

"Focusing solely on the conspiracy charge, Marietta argues that the government did not prove that she knew that her husband's enterprise was fraudulent. But many witnesses testified that Thomas told them that Marietta was capable of running the operation in his stead and that she actually did so while Thomas was incapacitated. Other witnesses described telephone conversations with Marietta where she reassured them in an 'authoritative' manner that they would be paid. Marietta also signed promissory notes and financial statements, balanced the checking accounts, kept track of correspondence to the Squibbs, and regularly answered the investors' questions. Marietta testified that she acted only at her husband's bidding, but the jury was entitled to credit the victims' testimony that she played an active role in the scheme. See United States v. Bowman, 353 F.3d 546, 552 (7th Cir. 2003)."

Affirmed.

07-4040 U.S. v. Squibb

Appeal from the United States District Court for the Northern District of Indiana, Miller, J., Per Curiam.

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