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United States v. Genova

333 F.3d 750 (7th Cir. 2003)

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United States v. Genova

United States Court of Appeals for the Seventh Circuit

333 F.3d 750 (7th Cir. 2003)

Facts

Jerome Genova (defendant) was the mayor of Calumet City, Illinois. Genova arranged for Lawrence Gulotta (defendant) and his law firm to receive a large portion of the city’s legal business. In turn, Genova received kickbacks of about 30 percent of the firm’s legal fees. Genova also arranged a scheme to have Jerome Stack (defendant), the city’s public-works commissioner, compensate his employees with comp time to entice them to engage in political work such as purchasing tickets to political fundraisers. The three men were indicted for violating the Racketeer Influenced and Corrupt Organizations Act (RICO), with bribery and mail fraud as the predicate offenses. The basis of bribery and mail fraud as predicate crimes with respect to Genova and Gulotta were the kickbacks from Gulotta and the filing of false economic-interest statements by Genova. The basis of bribery as a predicate crime with respect to Stack was the compensation provided to employees for their political activities. The court instructed the jury that the official misconduct in which the Genova engaged was a form of bribery. After separate trials, the three men were convicted of RICO violations. This appeal followed.

Rule of Law

Issue

Holding and Reasoning (Easterbrook, J.)

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