United States Seventh Circuit

Conviction for making false statements to obtain federal employees' compensation benefits is affirmed, and the sentence is affirmed in part and reversed and remanded in part, where: 1) the failure of the indictment to allege that the amount of loss was in excess of one thousand dollars and the omission of an instruction requiring a jury finding on the amount of loss were harmless; 2) the evidence was sufficient for a jury to find that defendant acted willfully; 3) a jury instruction on willfullness was proper; but 4) an order to pay restitution in excess of the government's losses constituted an illegal sentence.

Appellate Information

• Argued 11/02/2007
• Decided 07/29/2008
• Published 07/29/2008

Judges

• RIPPLE, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Scott A. Verseman (argued), Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee., Peter B. Nolte (argued), Sreenan & Cain, Rockford, IL, for Defendant-Appellant.