United States v. Kevin L. White

561 F. App'x 850
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 31, 2014
Docket12-11653
StatusUnpublished

This text of 561 F. App'x 850 (United States v. Kevin L. White) 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. Kevin L. White, 561 F. App'x 850 (11th Cir. 2014).

Opinion

PER CURIAM:

Kevin White appeals his convictions and sentence of 36 months of imprisonment for one count of conspiring to commit bribery, 18 U.S.C. § 371, two counts of bribery concerning programs involving federal funds, id. §§ 2, 666(a)(1)(B), one count of conspiring to commit mail and wire fraud, id. § 1349, one count of honest services mail fraud, id. §§ 1341, 1346, 2, and two counts of honest services wire fraud, id. §§ 1343, 1346, 2. White argues that there is insufficient evidence to support any of his convictions, but White abandons his challenges to his fraud offenses by failing to provide any substantive argument about them in his brief. White also challenges the enhancement of his sentence for the value of a Lincoln Navigator given to his father, see United States Sentencing Guidelines Manual § 201.1(b)(2) (Nov. 2011), and for being an elected public official, see id. § 201.1(b)(3). We affirm.

I. BACKGROUND

In 2006, White was elected to serve as one of seven members of the Board of County Commissioners for Hillsborough County, Florida. Hillsborough County has an annual budget of more than $3 billion, and in 2010, the County received about $106 million in benefits from the federal government. The County Commissioners allocate the funds received by the County among its agencies, including the Sheriffs Office of Hillsborough County.

County Commissioners are required to serve on other boards and agencies, and in 2006, the Board appointed White to serve on the Hillsborough County Public Transportation Commission. The Commission is an independent special district created by the Florida Legislature to regulate public transportation in Hillsborough County and does not receive benefits from the federal government. The Transportation Commission is comprised of seven elected officials: three representatives from the Hillsborough County Commission; two representatives of the Tampa City Counsel; and one representative each from the cities of Temple Terrace and Plant City. Between 2006 and 2010, White served as Chairman of the Commission.

The Transportation Commission certifies tow truck companies to perform towing services for County agencies, such as the Sheriffs Office. To become certified, a towing company must submit an application disclosing information such as the name of its owner for purposes of a background check. Once certified, a towing company is eligible to work for County agencies, but that company must be selected by an agency to fill an opening on its towing rotation list.

In September 2009, George Hondrellis approached a fellow tow truck driver, Peter Rockefeller, about forming a towing company to work for Hillsborough County. Hondrellis divulged his plans to incorporate a company using a local tow truck driver as a nominee owner that would prevent the Transportation Commission from discovering his arrest record, and *852 then to give bribes to White and members of White’s family for their assistance in having the company added to the towing list for the Sheriffs Office. Rockefeller became an informant for the Federal Bureau of Investigation and recorded his conversations with Hondrellis and other persons who joined Hondrellis’s scheme.

During a series of meetings with Rockefeller, Hondrellis boasted that he could have his company added to the towing list for the Sheriffs Office because he knew White, his father, Gerald White, and his sister, Tonya White. Hondrellis said that he was already currying favor with White, who had observed Hondrellis “loan” Gerald $2,000. Hondrellis stated that he could pay White’s father and sister, and the money they gave White could not be traced. Hondrellis said that Gerald had not repaid the loan and would not be required to if Hondrellis was added to a towing list. At the behest of the Bureau, Rockefeller joined Hondrellis’s scheme and paid Hondrellis half of the $2,000 that he had given Gerald.

On January 7, 2010, Hondrellis introduced Rockefeller to White and Gerald. Hondrellis announced that Rockefeller was helping finance Hondrellis’s towing company and they wanted it to operate “[i]n the downtown area only.” White acted nervously, but he did not protest when Gerald said that White would “roll with” whatever Gerald recommended. White asked Hon-drellis what he was doing with “the licensing thing,” and when Hondrellis responded that he was forming his company using a nominee owner, White replied that the company “should fly through then.” After Gerald and White climbed into Gerald’s car to leave, Rockefeller handed cash to Gerald through his driver’s side window.

During a meeting with Rockefeller in early February 2010, Gerald said that he wanted a vehicle, and he gave assurances that he would be a loyal ally. Gerald boasted that he had instructed White to tell the Sheriffs Office to add Hondrellis to its towing list and that White had told the director of the Transportation Commission to process Hondrellis’s application.

At another meeting attended by White, Gerald asked Rockefeller for a used Lincoln Navigator vehicle and Rockefeller responded that he could not purchase the vehicle for Gerald at that time. Both Gerald and White made veiled remarks to Rockefeller about bribes. White remarked that he was en route to collect “some, um, campaign contributions,” and then Gerald demanded that Rockefeller “give [White] a donation for his campaign too” in “cash,” not with “a check” because “[t]he most” Gerald could give was “500.” As time passed, Gerald persisted in his requests for the Navigator vehicle from Rockefeller, and Gerald complained to Rockefeller about being unable to afford the vehicle. Rockefeller stated that the cost of the vehicle did not matter if he got on the towing list and that he needed Gerald’s help.

Eventually, Rockefeller gave the vehicle to Gerald. In March, Gerald complained about not having the title to the Navigator vehicle, and Rockefeller agreed to provide Gerald title to the vehicle subject to an $8,000 lien that Rockefeller would discharge after their “deal work[ed].”

On March 19, 2010, Rockefeller told Gerald that he wanted to form a towing company, and Gerald assured Rockefeller that he would be placed on an agency towing list if he gave White “a little envelope.” Rockefeller gave Gerald an envelope containing $1,000, and after White joined the meeting, the three men discussed Rockefeller’s new company, Tri-County Auto Towing. White stated that, when Rockefeller submitted his application, it would be placed on the agenda for approv *853 al by the Transportation Commission. White also offered to call Lieutenant Margaret Hauser in the Sheriffs Office to inquire about openings on its towing list. White stated that he could not make the Sheriffs Office select Tri-County, but he would get the application approved if that agency added two companies to its towing list.

On April 22, 2010, Rockefeller met with White and a mutual acquaintance, Bob Vallee, who suggested that White meet Darryl Williams, an undercover agent of the Bureau. White stated that he did not want to meet anyone new unless they were going to help him, and when told about White’s statement, Williams offered to bring $1,000 for White.

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Bluebook (online)
561 F. App'x 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kevin-l-white-ca11-2014.