United States v. Joseph W. Jordan

560 F. App'x 945
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 27, 2014
Docket13-10654
StatusUnpublished

This text of 560 F. App'x 945 (United States v. Joseph W. Jordan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Joseph W. Jordan, 560 F. App'x 945 (11th Cir. 2014).

Opinion

PER CURIAM:

Joseph Wiley Jordan appeals his convictions for conspiring to “knowingly and corruptly give, offer and promise anything of *947 value to any person with intent to influence and reward an officer, director, employee, and agent of a financial institution in connection with any business or transaction of such institution” (“bank bribery”), in violation of 18 U.S.C. §§ 215(a)(1) and 371 (Count 1), and for three substantive counts of bank bribery, in violation of 18 U.S.C. § 215(a)(1) (Counts 3-5). The indictment specified that the object of the conspiracy was to obtain funds from Southwest Georgia Farm Credit (“SWGFC”) by fraud and to divert the proceeds to the conspirators. Count 3 alleged that Jordan had paid $7,500 to Larry Malone, the former Chief Lending Officer at Southwest Georgia Farm Credit (“SWGFC”), while Counts 4 and 5 alleged that Jordan had paid Malone two separate payments of $25,000.

At trial, the government presented evidence that, during the relevant time period, Jordan obtained five different loans from SWGFC, and Jordan made four different payments to Malone, some of which occurred on the same day the loans were disbursed from SWGFC to Jordan. Malone testified that he had approached Jordan with the idea that SWGFC would pay referral fees to Jordan for customers that Jordan brought into the bank, and that Jordan would split those payments with Malone. The evidence indicated that Jordan paid Malone the $7,500 in Count 3 as part of this agreement. The government also presented evidence that Malone later approached Jordan and requested two $25,000 loans, the subjects of Counts 4 and 5, and that Jordan loaned Malone the money. Malone testified that Jordan had suggested including the $50,000 in the loans that Jordan obtained from SWGFC, which they did. At an unspecified point in time, Jordan told Malone that Malone did not need to pay the loans back, and that instead Malone could help him with future loans. The jury convicted Jordan on Counts 1, 3, 4, and 5. Jordan moved for a Fed.R.Crim.P. 29 judgment of acquittal, but the district court denied the motion, concluding that there was sufficient evidence for the jury to have convicted Jordan.

On appeal, Jordan argues that there was insufficient evidence to sustain the convictions against him because the government did not establish that (1) he had acted corruptly, (2) that he had intended to influence or reward Malone, or (3) that the payments were in connection with SWGFC business. Moreover, Jordan argues that, because the indictment charged that the object of the conspiracy was to defraud SWGFC, the government was required to prove that he had committed honest-services fraud, which it failed to do. 1

We review de novo the district court’s denial of a Rule 29 motion for judgment of acquittal, viewing the evidence in the light most favorable to the government and drawing all reasonable inferences in favor of the jury’s verdict. United States v. Hunt, 526 F.3d 739, 744 (11th Cir.2008). The evidence is sufficient to sustain a conviction if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. at 745 (emphasis in original). This standard does not require the evidence to be “inconsistent with every reasonable hypothesis other than guilt.” Id. We permit the jury *948 to choose from several reasonable conclusions that could be drawn from the evidence. Id. Reasonable inferences from circumstantial evidence can support the conviction. United States v. Capers, 708 F.3d 1286, 1297 (11th Cir.), cert. denied, — U.S. -, 134 S.Ct. 145, 187 L.Ed.2d 103 (2013).

Section 215(a)(1) of Title 18 of the U.S.Code criminalizes the actions of anyone who “corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution.” 18 U.S.C. § 215(a)(1). We have not addressed in a published decision the elements required to sustain a conviction under this provision. Nevertheless, in other contexts, we have held that to act corruptly means that the defendant “voluntarily and deliberately engaged in unlawful conduct.” 2 United States v. Nelson, 712 F.3d 498, 512 (11th Cir.2013) (determining that the jury instructions in a case involving honest-services fraud and federal-funds fraud were proper, in part, because they correctly instructed the jury as to the definition of “corruptly”).

Under Section 371 of Title 18 of the U.S.Code, individuals are prohibited from conspiring to commit any offense against the United States. 18 U.S.C. § 371. To sustain a conviction under § 371, the government must prove (1) the existence of an agreement to achieve an unlawful objective, (2) the defendant’s knowing and voluntary participation in such an agreement, and (3) the commission of an overt act in furtherance of the agreement. United States v. Broughton, 689 F.3d 1260, 1277 (11th Cir.2012). An indictment that specifically refers to the statute on which the charge was based adequately informs the defendant of the charge against him. United States v. Fern, 155 F.3d 1318, 1325 (11th Cir.1998) (addressing the sufficiency of the indictment). To sustain a conspiracy conviction, the government does not have to prove that the conspirators achieved their goal. United States v. Campa, 529 F.3d 980, 1006 (11th Cir.2008).

There was sufficient evidence to support Jordan’s convictions on the substantive counts because the evidence at trial established that Jordan corruptly gave something of value to a bank officer, Malone, with the intent to influence or reward Malone in connection with SWGFC business. With regard to Count 3, the government presented sufficient evidence for a reasonable jury to conclude that the elements of the statute had been met.

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Related

United States v. Hunt
526 F.3d 739 (Eleventh Circuit, 2008)
United States v. Campa
529 F.3d 980 (Eleventh Circuit, 2008)
United States v. Liana Lee Lopez
649 F.3d 1222 (Eleventh Circuit, 2011)
United States v. Daniel J. Fern
155 F.3d 1318 (Eleventh Circuit, 1998)
United States v. Richard William Peterson
689 F.3d 1260 (Eleventh Circuit, 2012)
United States v. Bishop Capers
708 F.3d 1286 (Eleventh Circuit, 2013)
United States v. Tony DeVaughn Nelson
712 F.3d 498 (Eleventh Circuit, 2013)

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Bluebook (online)
560 F. App'x 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-joseph-w-jordan-ca11-2014.