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Sufficiency of Evidence

By: Derek Hawkins//January 7, 2019//

Sufficiency of Evidence

By: Derek Hawkins//January 7, 2019//

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7th Circuit Court of Appeals

Case Name: United States of America v. Thomas C. Balsiger

Case No.: 17-1708

Officials: EASTERBROOK, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Sufficiency of Evidence

For his role in designing and implementing a scheme to defraud manufacturers that issue coupons for consumer products, a grand jury charged El Paso businessman Thomas Balsiger with 25 counts of wire fraud and conspiracy both to commit wire fraud and obstruct justice. A decade of litigation followed, culminating in a bench trial at which Balsiger represented himself with the assistance of stand-by counsel. The district court convicted Balsiger on 12 counts and sentenced him to 120 months’ imprisonment.

On appeal Balsiger argues the district court deprived him of his Sixth Amendment right to retain the counsel of his choice by failing to grant an 18-month continuance and by refusing to order the government to remove a so-called lis pendens on his home—a notice to potential buyers that title to the property might be impaired by the outcome of his criminal prosecution. He also contends the district court erred when, following the death of his attorney, it concluded he waived his right to counsel and required him, over his objection, to proceed pro se. Finally, Balsiger challenges the sufficiency of the evidence, venue, and several of the district court’s sentencing determinations. With the limited exception of the district court’s calculation of forfeiture, we affirm.

Affirmed

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.

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