United States v. Krug, No. 15-1350 (8th Cir. 2016)
Annotate this CaseDefendant was convicted of conspiracy to commit wire fraud and sentenced to 42 months in prison followed by 3 years of supervised release. Defendant Krug and co-defendant Elliot operated a Ponzi scheme. The court concluded that, viewed in the light most favorable to the jury’s verdict, with all reasonable inferences drawn in favor of the verdict, the evidence was sufficient to prove that Krug intentionally participated in the agreement to defraud investors. The court also concluded that the district court did not err in denying his motion to proceed pro se where the district court was unable to determine that Krug’s attempted waiver of his right to counsel was knowing and voluntary based on his obstructionist behavior. Accordingly, the court affirmed the judgment.
Court Description: Per Curiam. Before Loken, Gruender, and Kelly, Circuit Judges] Criminal Case - conviction. Viewing the evidence in the light most favorable to the jury verdict on charge of conspiracy to commit wire fraud, the evidence was sufficient to prove Krug intentionally participated in the agreement to defraud investors and had the requisite intent to defraud. The district court did not err in denying his motion to proceed pro se; the district court's reasoning was sufficient to support its decision based on Krug's obstructionist behavior.
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