United States v. Gary Rodrigues, No. 11-15530 (9th Cir. 2012)Annotate this Case
Petitioner, in his capacity as the State Director of the United Public Workers, AFSCME, Local 646, AFL-CIO (UPW), negotiated contracts with dental and health insurance providers, HDS and PGMA, on behalf of UPW members and their families. A jury subsequently convicted petitioner of fifty counts of "theft of honest services" from the UPW and its members, as well as conspiracy, embezzlement, money laundering, and health care fraud. At issue was the instructional omission to the jury regarding honest services fraud in light of the Supreme Court's holding in Skilling v. United States. The court held that the error had no "substantial and injurious effect or influence in determining the jury's verdict." Accordingly, the court affirmed the theft of honest services, money laundering, and health care fraud judgments of conviction against petitioner and affirmed the judgment of the district court.