United State v. Wynn, No. 11-4859 (4th Cir. 2012)Annotate this Case
Defendant-Appellant G. Martin Wynn, a professional engineer with the engineering firm of Talbert & Bright, Inc., was convicted of mail fraud and wire fraud, in violation based on his performance of services to Oconee County, South Carolina, in connection with its project to extend the runway at the Oconee County Regional Airport. Instead of procuring a required permit for the runway extension project from the South Carolina Department of Health and Environmental Control ("DHEC"), Defendant cut a valid permit off of an older set of plans prepared for a previous airport project and fraudulently attached that permit to the plans for the runway extension. He then mailed the fraudulently permitted plans to Oconee County and later emailed them to the DHEC. Following his conviction, the district court sentenced Defendant to 12
months and 1 day in prison and ordered him to pay Oconee County $118,000 in restitution. On appeal, Defendant contended that the district court erred in instructing the jury on the mail fraud and wire fraud statutes and that the evidence was insufficient to convict him on the offenses had they been properly presented to the jury. He also challenged the district court’s calculation of the amount of loss found for purposes of sentencing and ordering restitution. Finding no abuse of discretion and that the evidence presented against him was sufficient to support his conviction, the Fourth Circuit affirmed the district court's judgment.