United States v. Gorski, No. 16-2471 (1st Cir. 2018)
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The First Circuit affirmed Defendant’s convictions for conspiring to defraud the United States and four counts of wire fraud and the sentence imposed by the district court, thus rejecting Defendant’s arguments on appeal.
Defendant was convicted of knowingly procuring government contracts for his construction company. The district court sentenced Defendant to thirty months’ imprisonment and entered an order of forfeiture, in the form of a money judgment, in an amount totaling more than $6.7 million, which the court determined was the amount of the proceeds of Defendant’s crimes. The First Circuit affirmed, holding (1) the evidence was sufficient to support the convictions; (2) even assuming the prosecutor’s statements made during closing arguments were improper and deliberate, the district court did not abuse its discretion in ruling that its instruction likely cured any prejudice and that any surviving prejudice did not affect the jury’s verdict; and (3) there was no error in the district court’s forfeiture order and money judgment.
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