Wire Fraud by Attorney

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7^th Circuit Court of Appeals

Case Name: United States of America v. Edward Filer

Case No.: 21-2948

Officials: Easterbrook, Hamilton, and Brennan, Circuit Judges.

Focus: Wire Fraud by Attorney

Defendant-appellee Edward Filer, an attorney, was charged with two counts of wire fraud under 18 U.S.C. § 1343 alleging a scheme to defraud creditors of his client, Barsanti Woodwork, a Chicago business that was in financial trouble. After a jury convicted Filer, the district court granted his motions for a judgment of acquittal and, in the alternative, a new trial. On appeal, the government seeks reversal of the judgment of acquittal, arguing that the evidence was sufficient to support the jury’s verdicts. As explained below, the appeals court agrees with the government.

While this court saw that Filer has several potentially persuasive arguments among which Filer did not personally profit from the scheme, and some of his actions can arguably be characterized as transparent and inconsistent with an intent to defraud. But substantial other evidence supported the guilty verdicts. It is the responsibility of the jury, not the court, to weigh the conflicting evidence. Sufficient evidence supported the verdicts of guilty beyond a reasonable doubt. This court reverses the judgment of acquittal and remand the case for a new trial.

Reversed and Remanded.

Decided 12/20/22

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