Opinion

United States v. John L. Lea

  • 618 F.2d 426
Court
Court of Appeals for the Seventh Circuit
Filed
Mar 24, 1980
Status
Published
Author
Cudahy
On the bench
Cudahy, Cummings, Wood, Cud-Ahy
Cited by
38 cases

“[A] mailing satisfies this requirement where it is a normal concomitant of a transaction that is essential to the fraudulent scheme.”

How later courts described this case

  • “[A] mailing satisfies this requirement where it is a normal concomitant of a transaction that is essential to the fraudulent scheme.”
  • twelve years is sufficiently close

Written by the judges who cited it.

The opinion

CUDAHY, Circuit Judge,

dissenting.

I agree that each kickback payment need not be related to a specific shipment of meat (or the mailings pertaining to it). I do think, however, that all the shipments of meat (and related documents), furnishing the basis of the indictment, must have arisen from a transaction in which Lea participated. The government as much as conceded that the latter relationship was not affirmatively and specifically established. For example, the government asserts at pp. 24-25 of its brief:

“Further, even if a Mutual offer was accepted by an employee other than Lea, that fact by itself would not remove the transaction from the fraudulent scheme. Mutual’s offer would nonetheless have been formulated with the benefit of knowledge of competitor’s prices improperly given by Lea in violation of company policy. In addition, the suppliers were compelled to make their offers through Mutual by their inability to do business directly with Lea.”

The facts assumed by these arguments are unclear. A “nexus” based on such dubious arguments is insufficient. I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.