United States v. Takhalov, No. 13-12385 (11th Cir. 2016)Annotate this Case
Defendants were convicted of several counts, including multiple counts of wire fraud and money laundering. At issue is whether the district court abused its discretion when it refused to give defendants' proposed jury instruction that the jurors could convict only if they found that defendants had schemed to lie about the quality or price of the goods sold to the victims. The court interpreted 18 U.S.C. 1343 de novo and concluded that it requires the jury to make just such a finding before convicting a defendant of wire fraud. Thus, the proposed instruction was a correct statement of the law, and the district court abused its discretion by refusing to give that instruction. The court reversed on all counts where the error was not harmless, except for Counts 21 and 38, and remanded for further proceedings.
The court issued a subsequent related opinion or order on October 3, 2016.