Commonwealth v. Jones
Annotate this CaseAfter a jury trial, Defendant was found guilty of “Engaging in Organized Crime: Criminal Syndicate by managing, supervising, and/or directing individuals to acquire retail merchandise including cell phones, by deception and/or fraud, with the intent to resell it.” The conviction arose from Defendant’s wholesale enlistment of homeless men as tools in a scheme to defraud cell-phone companies. Defendant appealed, arguing that he was entitled to a directed verdict. The court of appeals reversed Defendant’s conviction, concluding that there was insufficient evidence that Defendant and his co-conspirators collaborated under the “continuing basis” necessary to sustain an organized-crime conviction. The Supreme Court reversed, holding that the Commonwealth presented sufficient evidence for a jury to conclude beyond a reasonable doubt that Defendant engaged in a continuing criminal operation, and therefore, Defendant was not entitled to a directed verdict.
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