Sufficiency of Evidence

By: Derek Hawkins//July 1, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. John Buncich

Case No.: 18-1216

Officials: BAUER, ROVNER, and BRENNAN, Circuit Judges.

Focus: Sufficiency of Evidence

John Buncich was the Sheriff of Lake County, Indiana. He was charged by a grand jury with five counts of wire fraud and one count of accepting bribes. He was found guilty on all six counts. Buncich argues on appeal that the government failed to introduce sufficient evidence to convict on the five wire fraud counts. Buncich also argues that the district court erred in admitting Exhibit 49.2, a chart showing $58,100 in cash deposits intoBuncich’s jointly‐held bank account.Buncich also appeals admission of the testimony of IRS Agent Gerard Hatagan in laying a foundation for the chart and testifying that deposits with no explained source were likely from criminal activity.We vacate his conviction on Counts I‐III, affirm as to Counts IV‐VI, and remand for resentencing.

Vacated and remanded in part. Affirmed in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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