United States v. Langford

647 F.3d 1309, 109 A.F.T.R.2d (RIA) 301, 2011 U.S. App. LEXIS 16131, 2011 WL 3364323
Court of Appeals for the Eleventh Circuit·Decided August 5, 2011·No. 10-11076·Published·Cited by 97 cases

Opinion

MARCUS, Circuit Judge:

In this political corruption case, Larry P. Langford, formerly a Commissioner for Jefferson County, Alabama and Mayor of Birmingham, Alabama, appeals following his convictions for multiple counts of bribery, conspiracy, money laundering, mail and wire fraud, tax fraud, and criminal forfeiture. Langford broadly argues that: (1) the evidence was insufficient to support his convictions for mail and wire fraud; (2) the district court fatally erred in some of its evidentiary rulings; (3) the district court wrongfully charged the jury about the bribery statute; and, finally, (4) the district court mistakenly denied his postvoir-dire motion for a change of venue. After thorough review, we affirm.

I.

In November 2008, a federal grand jury sitting in the Northern District of Alabama returned a 101-count superseding indictment against Larry P. Langford, William B. Blount, and Albert W. LaPierre. Lang-ford was charged in 61 of those counts, involving bribery, 18 U.S.C. § 666(a)(1)(B) (Counts 1, 7, and 10-36); conspiracy, 18 U.S.C. § 371 (Count 6); money laundering, 18 U.S.C. § 1957 (Counts 3, 4, 5, and 9); mail fraud, 18 U.S.C. §§ 1341, 1346, and 2 (Counts 64-68); wire fraud, 18 U.S.C. §§ 1343, 1346, and 2 (Counts 69-86); filing false personal income tax returns, 26 U.S.C. § 7206(1) (Counts 87-89); and criminal forfeiture (Count 99). The charges all arose out of the basic allegation that, while Langford was serving as an elected member of the Jefferson County Commission, and as the President of that body, he received more than $240,000 in cash, clothing, and jewelry from Blount (often through an intermediary, LaPierre), in exchange for ensuring that Blount’s investment firm was awarded a series of profitable contracts with Jefferson County. Blount pled guilty to conspiracy and bribery charges, and LaPierre pled guilty to conspiracy and tax fraud charges. They *1315 both became government witnesses. Langford, however, went to trial.

Before trial, Langford moved for a change of venue from the Southern Division of Alabama’s Northern District, in Birmingham, to the Western Division of Alabama’s Northern District, in Tuscaloosa. He based his request on “extensive” publicity, claiming that “[t]he primary print media in the Southern Division, the Birmingham News, has printed numerous articles about this case from well before the indictment to the present.” Without objection from the government, the district court granted the motion and moved the trial, in accordance with Langford’s request, to Tuscaloosa.

At the conclusion of extensive voir dire, Langford requested still another change of venue, arguing this time that based on the responses of the venire panel, a small number of whom admitted to hearing about the case before trial, he wanted to move the trial to “some place where they haven’t heard about this at all.” The district court denied the motion, and Lang-ford proceeded to trial in Tuscaloosa. Thereafter, he was convicted on all counts.

The essential facts adduced at trial were these. Larry Langford took office as a County Commissioner for Jefferson County, Alabama in the fall of 2002. Soon thereafter, he was selected by his fellow commissioners as President of the Commission and, in that capacity, served as head of the Finance Committee. He remained in that role until he was elected Mayor of Birmingham in the fall of 2007.

William Blount had at one time been the Chairman of the Alabama Democratic Party, and had known Langford for twenty-five to thirty years, since Langford was first elected to the City Council in the City of Birmingham. Blount assisted in Lang-ford’s campaign for election as a County Commissioner. Blount also was a partner in Blount-Parrish & Company (“BlountParrish”), an investment banking firm that specialized in the underwriting and marketing of municipal bonds. An underwriter buys bonds from the municipality and then sells them to the market.

Blount-Parrish did some work for Jefferson County prior to 1998, but did not participate in any Jefferson County bond offerings from about 1998 to 2002. However, soon after Langford took office as a County Commissioner, a meeting was held in January, 2003 between Langford, Blount, Norm Davis (an individual Lang-ford identified as the County’s financial advisor), and Steve Sayler (Director of Finance for Jefferson County before and during Langford’s term as President of the County Commission). According to Sayler, the defendant Langford introduced Davis and Blount as “the two individuals that he would be taking a lot of advice from for financial transactions at the County.”

The policy in Jefferson County was that County Commissioners could pick the firms to participate in the County’s financial transactions. Blount sought out Jefferson County work for his investment banking firm, Blount-Parrish, from Lang-ford. Langford, in turn, selected BlountParrish to participate in many of the County’s financial transactions. In fact, during Langford’s term as President of the County Commission (2002-2007), BlountParrish: (1) underwrote a series of bonds issued by the Jefferson County Commission, some of which were general obligation and some sewer revenue; 1 (2) *1316 worked on interest rate swap deals; (3) worked on privatizing landfills owned by the County; (4) worked on remarketing several weekly rate reset bonds for the County; (5) assisted with the financing for passing a sales tax for the County; and (6) worked on the attempted acquisition of other sewer systems.

Thus, for example, on January 28, 2003, the Commission had scheduled on its agenda the need to establish a “financing team” for the issuance of “general obligation warrants of the County.” 2 BlounL-Parrish was designated the “senior underwriter” of the deal, receiving 45 percent of “the underwriting liability.” In March, the deal (a $94 million transaction) was officially approved by the Commission. For its part, Blount-Parrish received $282,000 in fees.

BlounL-Parrish was included in the County’s next major financial transaction, a $1.17 billion sewer rate interest swap and bond refinancing that closed on May 1, 2003.

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United States v. Langford, 647 F.3d 1309, 109 A.F.T.R.2d (RIA) 301, 2011 U.S. App. LEXIS 16131, 2011 WL 3364323 (11th Cir. 2011).

647 F.3d 1309 (United States v. Langford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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