United States v. Hagen, No. 17-3279 (8th Cir. 2019)
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Defendant was convicted of three counts of wire fraud, four counts of mail fraud, and one count of conspiracy to commit mail and wire fraud after cattle producers who contracted for grazing services during the 2012-2014 seasons received neither those services nor refunds of payments made to defendant and his wife's cattle company.
The Eighth Circuit affirmed defendant's conviction of conspiracy and two substantive fraud counts but vacated the conviction and special assessments on the other five substantive counts. The court held that the evidence was insufficient to support Counts 2, 3, 5, 6, and 7 related to the 2012 and 2013 grazing season.
Court Description: Loken, Author, with Wollman and Erickson, Circuit Judges] Criminal case - Criminal law. Evidence was sufficient to support defendant's conviction for conspiracy to commit mail and wire fraud in connection with receipt of cattle producer payments; the evidence was insufficient to support his convictions for cashing two checks for grazing services that were not provided during the 2012 grazing season and for cashing three checks received in connection with the 2013 season; however, the evidence was sufficient with respect to two counts related to the 2014 grazing season, and those mail and wire fraud convictions are affirmed; remanded with directions to vacate the convictions and special assessments on 5 of the wire and mail fraud counts.
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