United States Sixth Circuit

Defendants' convictions for various offenses convictions, which stemmed from their alleged schemes to procure government contracts for corporate clients and financial gains for themselves by illicitly providing money and gifts to public officials in exchange for political influence in the bid for municipal contracts, are affirmed in part and reversed in part where: 1) the district court did not err in concluding that various purported imperfections did not constitute grounds for suppression of derivative evidence secured by wiretaps; 2) there was no abuse of discretion in refusing to require the government to disclose certain communications that were illegally intercepted; 3) some of defendants' convictions under the Hobbs Act required reversal based on challenges to the sufficiency of the evidence; 4) any error in using the word "bribery" in the jury instructions was harmless; and 5) other contentions were meritless. Where the government charges private individuals with Hobbs Act violations under a color of official right theory, it must satisfy the "property from another" and "with his consent" requirements of 18 U.S.C. section 1951(b)(2).

Appellate Information

• Decided 04/02/2008
• Published 04/02/2008

Judges

• Before:  GILMAN, GIBBONS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William T. Whitaker, Akron, Ohio, Robert C. Jenkins, New Orleans, Louisiana, for Appellants.  Nina Goodman, United States Department of Justice, Washington, D.C., for Appellees.   ON BRIEF:  William T. Whitaker, Andrea L. Whitaker, Akron, Ohio, Robert C. Jenkins, New Orleans, Louisiana, for Appellants.  Nina Goodman, United States Department of Justice, Washington, D.C., Ann C. Rowland, Assistant United States Attorney, Cleveland, Ohio, for Appellees.