United States First Circuit

A conviction of the former CEO of a medical center following a second trial for multiple counts of honest services mail fraud and conspiracy to commit such fraud is affirmed where: 1) the evidence was sufficient to prove the crimes charged; 2) a claim that the jury should have been instructed on the Rhode Island state law "class exception" is rejected as such an instruction was unnecessary to the presentation of his good faith defense, and such instruction could have easily misled the jury; 3) defendant forfeited claims that four other requested instructions on state law should have been given; and 4) defendant's claim, that facilitation of the insurance company meetings was not a misuse of his official powers and so was a legally insufficient basis for conviction, failed in his previous appeal and failed again, despite the Supreme Court's ruling in Skilling.

Appellate Information

• Decided 07/20/2010
• Published 07/20/2010

Judges

• BOUDIN, Circuit Judge

Court

• United States First Circuit

Counsel