United States v. Aunspaugh, No. 12-13132 (11th Cir. 2015)
Annotate this CaseDefendants appealed their convictions for their participation in a scheme were defendants made secret payments to the general manager of Glades Utility Services who began directing utility subcontracts to Ener-Phase Electric, a company that defendants owned. The court concluded that, under Skilling v. United States, defendants' conduct constituted honest-services fraud if they participated in a classic kickback scheme. However, if the scheme involved an egregious conflict of interest but no kickback, then there is no honest-services fraud. In this case, the court vacated the honest-services convictions because the jury instructions would have allowed a conviction on either view of the evidence. The court also vacated the other convictions that depend on the honest-services fraud conviction. The court upheld convictions for structuring financial transactions not dependent on the honest-services convictions.
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