United States v. LaPlante, No. 11-2392 (1st Cir. 2013)
Annotate this CaseWhen Appellant's factoring business began experiencing serious financial troubles, Appellant allegedly defrauded a number of lenders to obtain more money to resolve her financial problems. After a government investigation, indictment, and five-day trial, a jury convicted Appellant of mail fraud. Appellant appealed her conviction, claiming that the district court erred in instructing the jury on the elements of mail fraud and that she received ineffective assistance of counsel. The First Circuit Court of Appeals affirmed, holding (1) the district court correctly focused its jury instructions on the necessary elements of a scheme to defraud and did not err in failing to give a specific unanimity instruction; and (2) Appellant failed to establish that prejudice resulted from defense counsel's performance, and therefore, she could not prevail on her ineffective assistance claim.
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