United States v. Benton, No. 16-3861 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed Defendants Benton, Tate, and Kesari's conviction of causing false records, causing false campaign expenditure reports, engaging in a false statements scheme; and conspiring to commit these offenses. Benton served as campaign chairman in Ron Paul's 2012 presidential campaign, Tate served as campaign manager, and Kesari served as deputy campaign manager. The court held that there was sufficient evidence to convict defendants; the jury was entitled to infer from the facts that Benton and Tate had knowingly and willfully caused Commission reports to be filed which falsely reported the payments to a senator for his endorsement as payments to ICT for audio/visual services; the court rejected defendants' arguments that the reporting requirements were so vague or confusing that the court should either apply the rule of lenity or determine that criminal enforcement was not appropriate in this case; Kesari's counts were not multiplicitious; the district court did not abuse its discretion in denying Tate's motion to sever his trial from his codefendants; and the court rejected challenges to the jury instructions, evidentiary challenges, and a Jencks Act claim.