09-1856 U.S. v. Cantrell

By: dmc-admin//August 16, 2010//

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Honest Services Fraud
Sufficiency of the evidence

Where a defendant steered contacts to a third party in exchange for kickbacks, the evidence is sufficient to support a conviction for honest services fraud.

"The indictment charged Cantrell with using his position as a public official of North Township of Lake County, Indiana, to secure contracts for Addiction and Family 2 Care, Inc. (AFC), a counseling company owned by an acquaintance, Nancy Fromm, in exchange for a share of the proceeds from the contracts. By failing to fairly, honestly, and candidly award contracts, Cantrell defrauded North Township and its citizens of their right to his honest services. This was clearly a kickback scheme, so § 1346-even as pared down by Skilling- applies to Cantrell. As he presents no other challenge to his convictions, they will not be disturbed."

Affirmed.

09-1856 U.S. v. Cantrell

Appeal from the United States District Court for the Northern District of Indiana, Lozano, J., Evans, J.

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