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United States v. Loscalzo

United States Court of Appeals for the Seventh Circuit
18 F.3d 374 (1994)


Facts

Anthony Loscalzo (defendant), Merry Stumpf (defendant), David Siegel (defendant) and Albert Boemo (defendant) were convicted of conspiracy to defraud the United States and 31 counts of mail fraud. At trial, the government alleged that the defendants conspired to obstruct the U.S. Postal Service in its awarding of minority enterprise contracts by creating corporations with non-participating minority individuals named as figurehead presidents. In addition to the substantive conspiracy charge, the government offered an alternative aiding and abetting theory to allow the jury to find the defendants guilty of conspiracy if they found either that the defendants were parties to the original agreement and committed an overt act in furtherance of the conspiracy or, alternatively, that the defendants performed some act which they knew would further the conspiracy. The jury convicted all defendants. Loscalzo, Boemo, and Stumpf appealed.

Rule of Law

Issue

Holding and Reasoning (Bauer, J.)

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