United States Seventh Circuit

Conviction and sentence for embezzling, stealing or otherwise converting employee contributions to a company's health insurance and 401(k) funds in violation of 18 U.S.C. sections 669 and 664, are affirmed over claims that the district court: 1) erred in defining the mens rea element of the offense under section 669; 2) admitted impermissible prior act evidence in violation of Federal Rule of Evidence 404(b); and 3) imposed an enhancement that lacked evidentiary support.

Appellate Information

• Argued 04/15/2008
• Decided 09/02/2008
• Published 09/02/2008

Judges

• CUDAHY, Circuit Judge., Before CUDAHY, KANNE and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Jesse M. Barrett (argued), Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee., Sarah O'Rourke Schrup, Kathleen Stetsko, Num Agudo, Law Students, Northwestern University School of Law, Chicago, IL, for Defendant-Appellant.