United States v. Evans

344 F.3d 1131 (2003)

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United States v. Evans

United States Court of Appeals for the Eleventh Circuit
344 F.3d 1131 (2003)

Facts

After resigning as executive director of the Tampa Housing Authority (the Authority), Audley Evans (defendant) became an unpaid consultant for the Authority and the executive director of the Meridian River Development Corp. (MRDC). MRDC was a nonprofit corporation created as an instrumentality of the Authority to provide affordable-housing opportunities. The Authority received Section 8 funds from the United States Department of Housing and Urban Development that were used to help low-income families pay rent. MRDC owned and operated residential properties and received Section 8 funds from the Authority for eligible residents. Evans awarded MRDC contracts to a company formed by Chapman (defendant). Chapman had his company post a letter of credit as collateral allowing Evans to take out a loan and later paid thousands of dollars to some of Evans’s creditors. Evans was charged with receiving, and Chapman was charged with paying, illegal gratuities. Both were convicted after trial. On appeal, Evans argued that he was not a public official within the meaning of 18 U.S.C. § 201(a).

Rule of Law

Issue

Holding and Reasoning (Edmondson, C.J.)

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