United States v. Takhalov
United States Court of Appeals for the Eleventh Circuit
827 F.3d 1307 (2016)
- Written by Angela Patrick, JD
Facts
Albert Takhalov and others (collectively, the owners) (defendants) owned nightclubs. The owners hired women to pose as tourists and lure businessmen into the clubs. The owners were charged with wire fraud for allegedly using this deception to induce the men to become customers. At trial, the owners asked the district court to instruct the jury that they had not engaged in a scheme to defraud if their only deception was concealing the women’s relationship with the clubs. The owners argued that although they used deception to bring customers into the clubs, they did not deceive the customers about the transactions themselves: the customers received exactly what they ordered at the agreed prices. Thus, the owners argued that they intended to deceive the customers but not to harm them. The government opposed the instruction, arguing that a defendant’s intent to deceive a victim was sufficient to engage in a scheme to defraud, regardless of whether the defendant also intended for that deceit to harm the victim. The district court refused to give the owners’ requested instruction. The jury convicted the owners of wire fraud and related crimes. The owners appealed to the United States Court of Appeals for the Eleventh Circuit.
Rule of Law
Issue
Holding and Reasoning (Thapar, J.)
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