09-3403 & 09-3684 U.S. v. Segal

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Fraud
Honest services

A conviction for honest services fraud need not be reversed if the verdict can be supported by an alternative legal theory alleged in the indictment.

“Contrary to Segal’s assertion that this case was presented as one primarily resting on an honest services violation, the case, and the government’s presentation, were about the money. Even the government noted when discussing honest services during its closing argument that the honest services violation was premised on Segal’s taking money. The term ‘honest services’ does not appear in Segal’s closing argument and is mentioned only once in the government’s rebuttal. Segal’s attempt to equate the government’s references to ‘fiduciary’ in its closing as equivalent to mentioning ‘honest services’ fails. They are not the same thing and even Segal’s counsel admitted at argument that he was unsure how ‘fiduciary’ was used in the context of ‘fiduciary fraud.’ The parties just didn’t emphasize honest services during the trial as strongly as Segal now contends.”

Affirmed and Remanded.

09-3403 & 09-3684 U.S. v. Segal

Appeals from the United States District Court for the Northern District of Illinois, Castillo, J., Evans, J.

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