United States v. Tum, No. 11-1624 (1st Cir. 2013)
Annotate this CaseAfter a bench trial, Defendant was convicted of violating and conspiring to violate the federal wire-fraud statute, a law that criminalizes a scheme to defraud involving an interstate-wire communication. Defendant appealed, arguing (1) because the evidence failed to show that he had caused an interstate-wire transmission, his wire-fraud convictions could not stand; and (2) the evidence did not show the existence of a coconspirator, so the conspiracy conviction must fail. The First Circuit Court of Appeals affirmed Defendant's convictions, holding (1) because a factfinder could rationally find the use of interstate wires in this case, the evidence was sufficient to uphold Defendant's wire-fraud convictions; and (2) the evidence was sufficient for a sensible factfinder to find that Defendant and a co-conspirator agreed on the essential nature of a wire-fraud conspiracy.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.