People v. Kloosterman

823 N.W.2d 134, 296 Mich. App. 636
CourtMichigan Court of Appeals
DecidedMay 22, 2012
DocketDocket No. 303443
StatusPublished
Cited by37 cases

This text of 823 N.W.2d 134 (People v. Kloosterman) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Kloosterman, 823 N.W.2d 134, 296 Mich. App. 636 (Mich. Ct. App. 2012).

Opinion

Ronayne Krause, J.

Defendant, Eric A. Kloosterman, appeals as of right his conviction by jury trial for conducting a criminal enterprise (racketeering), MCL 750.159i(l). We vacate defendant’s conviction and sentence.

Defendant’s conviction arose from a series of fraudulent returns at a Home Depot store. Dustin Vandermeer, an asset-protection specialist, was alerted to a suspected fraudulent return and subsequently began an investigation. Vandermeer’s investigation involved suspicious returns connected to three separate pieces of identification,1 and upon viewing surveillance videos corresponding to those returns, Vandermeer discovered that the same individual appeared to be responsible for all of them.

[638]*638On April 7, 2010, Sheila Allen, a returns cashier, alerted Vandermeer to yet another potentially fraudulent return. One week later, Vandermeer called the police, provided them with receipts from the suspected fraudulent transactions, and provided defendant’s name as a possible suspect. Police found eight items for sale on craigslist associated with defendant’s telephone number and instructions to interested buyers to call “Eric,” who identified himself as a construction worker. Additionally, a number of the products for sale were Ryobi products, a brand sold exclusively at Home Depot, and many of them were described as new.

The police subsequently responded to the craigslist advertisement, set up a meeting, and arrested defendant upon his arrival at the arranged meeting place. A police search of defendant and his vehicle revealed the pieces of identification used for the fraudulent returns and a number of new and used Ryobi products.

At trial, both Vandermeer and Allen testified that defendant was the individual they saw on April 7, 2010, and Vandermeer identified defendant as the suspect he had seen in the surveillance videos. Copies of the receipts were also admitted into evidence, some of which were signed with defendant’s name.

Defendant claims there was insufficient evidence to sustain his racketeering conviction under MCL 750.159i(l) because he was neither employed by nor associated with a criminal enterprise. Specifically, defendant asserts that the prosecution failed to present sufficient evidence of defendant’s involvement in a criminal enterprise separate and distinct from himself. The prosecution argues, however, that the language of MCL 750.159i(l) does not make this distinction. Instead, because the definition of “enterprise” includes [639]*639“individual[s],” MCL 750.159f(a), defendant’s pattern of activity supports his racketeering conviction.

Claims of insufficient evidence are reviewed de novo. People v Hawkins, 245 Mich App 439, 457; 628 NW2d 105 (2001). A court reviewing the sufficiency of the evidence must view the evidence in the light most favorable to the prosecution and determine whether the evidence was sufficient to allow any rational trier of fact to find guilt beyond a reasonable doubt. People v Hunter, 466 Mich 1, 6; 643 NW2d 218 (2002).

Questions of statutoiy interpretation are also reviewed de novo. People v Osantowski, 481 Mich 103, 107; 748 NW2d 799 (2008). When interpreting a statute, this Court’s primary purpose is to give effect to the intent of the Legislature. People v Morey, 461 Mich 325, 329-330; 603 NW2d 250 (1999). If the statutoiy language is unambiguous, the Legislature is presumed to have intended the meaning expressed and further judicial construction is impermissible. Id. at 330. Words in a statute are given their plain and ordinary meaning, id., and in addition to considering the plain meaning of words, courts must consider the placement and purpose of those words in the context of the statutory scheme, People v Gillis, 474 Mich 105, 114; 712 NW2d 419 (2006).

However, if the statutory language is ambiguous, judicial construction is appropriate. People v Feezel, 486 Mich 184, 205; 783 NW2d 67 (2010). A statutory provision is ambiguous if it irreconcilably conflicts with another provision or is equally susceptible of more than one meaning. People v Gardner, 482 Mich 41, 50 n 12; 753 NW2d 78 (2008). “A statute that is unambiguous on its face may be rendered ambiguous by its interaction with, and its relation to, other statutes.” People v McLaughlin, 258 Mich App 635, 673; 672 NW2d 860 (2003). In construing a statute, “[t]he court should presume that every word has some meaning and should [640]*640avoid any construction that would render a statute, or any part of it, surplusage or nugatory.” People v Nickerson, 227 Mich App 434, 439; 575 NW2d 804 (1998).

Defendant was convicted under MCL 750.159i(l), which reads:

A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity.

The definition of “person” includes “individuals].” MCL 750.159f(d). The definition of “enterprise” also includes “individuals].” MCL 750.159f(a). But we must consider these words in the context of the provision as a whole. Gillis, 474 Mich at 114. To do this, we must define “associate” and “employ,” and because the statute under which defendant was convicted does not define these terms, this Court may consult dictionary definitions to determine their plain meanings. People v Peals, 476 Mich 636, 641; 720 NW2d 196 (2006). The word “associate” means “to align or commit (oneself) as a companion, partner, or colleague,” Random House Webster’s College Dictionary (1997), def 2, and the word “employ” means “to engage the services of (a person or persons); hire,” id., def 1.

There is no dispute that, as an individual, defendant could meet the definitions of both a “person” and an “enterprise.” But these definitions may not be applied in a vacuum. Because of the way in which MCL 750.159i(l) is structured, a defendant, acting alone, cannot be both the person and the enterprise. To associate, a person must necessarily align or partner with another person or entity. Indeed, the meaning of the word is not ordinarily interpreted as meaning that a person associates with himself or herself, and it would stretch the meaning of the word beyond reason to [641]*641conclude that the Legislature intended such an unusual usage. Similarly, to be employed requires that a person have been engaged or hired by some other entity; people do not generally find themselves in a situation calling for hiring themselves or engaging their own services.

Consequently, we conclude that the Legislature’s inclusion of the requirement that the person be employed by or associated with an enterprise necessarily requires at least two distinct entities to have been involved to support a conviction under MCL 750.159i(l). The prosecution asserts that defendant could have been self-employed, but that assertion ignores the inclusion of both “individual” and “sole proprietorship” in the definition of “enterprise” in MCL 750.159f(a). We decline to twist the interpretation of the statute to render the inclusion of “sole proprietorship” surplusage.2

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Cite This Page — Counsel Stack

Bluebook (online)
823 N.W.2d 134, 296 Mich. App. 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kloosterman-michctapp-2012.