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United States First Circuit


US v. Tum, 11-1624

Convictions for violating and conspiring to violate the federal wire-fraud statute are affirmed, where: 1) a factfinder could rationally find the use of interstate wires here, where the electronic transfer of funds involved several states; and 2) there was sufficient evidence for a sensible factfinder to find that defendant and defendant-employer he worked for without telling insurance company paying him disability benefits, agreed on the essential nature of a wire-fraud conspiracy and this agreement is enough to form the essential nature of the plan, even if defendant-employer did not know whether the misrepresentations would be used to defraud an insurance company, the IRS, or someone else.

Appellate Information

  • Decided 02/01/2013
  • Published 02/01/2013

Judges

  • THOMPSON

Court

  • United States First Circuit

Counsel

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