United States v. Bennett

112 F. App'x 375
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 30, 2004
DocketNo. 03-1819
StatusPublished
Cited by1 cases

This text of 112 F. App'x 375 (United States v. Bennett) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bennett, 112 F. App'x 375 (6th Cir. 2004).

Opinion

OPINION

PER CURIAM.

I. Introduction.

The Appellee, David Bennett, was convicted on May 3, 2002 by a jury following a four-day trial of the second count in the indictment charging him with a violation of 42 U.S.C. § 408(a)(3).1 Bennett made a Criminal Rule 29 motion for an acquittal after the government rested its ease-in-chief and the district court took the motion [376]*376under advisement and deferred a ruling.2 Following Bennett’s conviction, the district court granted the Rule 29 motion,3 and the government appeals. After review, we reverse and remand for sentencing. Our analysis follows.

David Bennett was employed at Labadie automobile dealership as its CEO. Clyde Fisher worked for Labadie after he had been awarded Social Security Disability Benefits (“DIB”). Initially, Clyde Fisher received a Form 1099 to report his earnings at Labadie. The arrangement then changed. Clyde Fisher was paid under his wife Mary Fisher’s Social Security Number and continued to receive DIB. Both Fishers, as well as other employees of Labadie, testified as government witnesses. It is the government’s position that the testimony of the Fishers combined with the testimony of the Labadie employees, Dawn Bukowski and Jean Toth, supports the jury guilty verdict as to Count 2 under a Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) analysis. Specifically, the government contended that the testimony supports the finding that Bennett did knowingly make and cause to be made false statements and representations to the Social Security Administration as to a material fact, that is, the true identity of Clyde Fisher who was employed under the name and Social Security Number of another, that fact being material to the determination by the Social Security Administration of Clyde Fisher’s rights to DIB.

II. A Review of the Government’s Evidence.

Clyde Fisher related that he had received a disability pension from a former employer, General Motors, and was also awarded DIB. JA at 276. Subsequently, he began working at Labadie and receiving Form 1099s with no taxes withheld. The Form 1099 arrangement for payments to Clyde Fisher then changed; and at David Bennett’s suggestion, he was placed on the payroll as Mary Fisher using her Social Security Number. His incriminating testimony follows:

Q Did there come a time when Mr. Bennett talked to you about needing to do something regarding paperwork for your full time employment at Labadie?
A Yes.
Q Tell us how that happened.
A Dave came to me and said that we have to do something about this so that the government and Social Security—
THE COURT: Would you just repeat what you said.
A Dave Bennett came to me and said that we got to make sure that we pay the government their share of the money and that if we did it this way, I would owe the government a lot of money.
Q What way?
A The way I was working under the 10 — it would have been the 1099.
Q Okay. Up until that time you were getting 1099s for your work?
A Yes.
[377]*377Q And so were taxes withheld from the 1099?
A Repeat that, please.
Q Do you know whether taxes were being withheld from your 1099 earnings?
A On a 1099 there’s no taxes held, only at the end of the year you get a form.
Q But if you got on the payroll they would start withholding taxes from you?
A Yes.
Q Now let’s go back to what Mr. Bennett and you talked about; do you remember the exact date when that happened?
A Repeat that.
Q When Mr. Bennett came to you and said we’ve got to do something different.
A Yes.
Q Do you remember that exact date?
A Not right offhand.
Q All right. But where were you when you had this conversation?
A In the back of the washroom.
Q So you were at the Labadie dealership?
A Yes.
Q What was it he said to you about what you had to do?
A We would have to get it so that we would be able to pay taxes.
Q Did he make a reference to Social Security?
A Yes.
Q What did he say to that?
A He said that — I don’t understand that.
Q Do you remember what he said?
A Can you rephrase it for me, please.
Q Yes. Tell us what Mr. Bennett said about Social Security.
A He said as long as I was on Social Security and he knew that, that he could — we would make an application out for my wife.
Q Who came up with the idea of making an application out in your wife’s name?
A Dave Bennett and I.
Q Together?
A Yes.
Q So you talked about it back and forth?
A Yes.
Q And in the course of that conversation, there was discussion about Social Security.
A Yes.
Q And the fact you were already on Social Security?
A Right.
Q And did you get paperwork so you could go through with this plan of signing you up under Mary Fisher’s name?
A Right.
Q Who gave you the paperwork?
A Dawn.

JA at 280-82.

Clyde Fisher then recounted taking home the paperwork and having his wife sign the employment application using her Social Security Number. Thereafter, he received pay checks from Labadie in the name of Mary Fisher, she endorsed the checks over to Clyde Fisher, and he cashed the checks.

Dawn Bukowski, a veteran employee of Labadie, testified that she did payroll during the time of the misrepresentation of Clyde Fisher’s true name and Social Security Number and had access to the employment files. She identified the employment files and the fact that Clyde Fisher was carried on the books of Labadie as Mary Fisher. She also identified the paperwork of Labadie that put Mary Fisher in the Labadie 401(k) program. The ap[378]

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Cite This Page — Counsel Stack

Bluebook (online)
112 F. App'x 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bennett-ca6-2004.