United States v. Hawkey
United States Court of Appeals for the Eighth Circuit
148 F.3d 920 (1998)
- Written by Sharon Feldman, JD
Facts
Hawkey (defendant) was a sheriff in Minnehaha County, South Dakota. Hawkey entered into an agreement with a concert promoter on behalf of the Minnehaha Sheriff’s Department (MSD) and the Minnehaha County Sheriff and Deputies Association (MCSDA) to put on annual benefit concerts to aid local youth programs. The promoter’s telemarketers solicited donations, ticket purchases, and advertising purchases. Invoices were sent to advertisers, ticket purchasers, and donors, and checks were sent to the MSD or MCSDA through the United States mail. Hawkey made some contributions to youth programs but used a large portion of the concert proceeds for personal items. Hawkey was charged with, and convicted of, mail fraud. On appeal, he argued that no one suffered property loss and there was no scheme or intent to defraud.
Rule of Law
Issue
Holding and Reasoning (Heaney, J.)
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