United States v. Lorenzo Delgado Figueroa

832 F.2d 691, 1987 U.S. App. LEXIS 14668
CourtCourt of Appeals for the First Circuit
DecidedNovember 5, 1987
Docket86-1856
StatusPublished
Cited by17 cases

This text of 832 F.2d 691 (United States v. Lorenzo Delgado Figueroa) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Lorenzo Delgado Figueroa, 832 F.2d 691, 1987 U.S. App. LEXIS 14668 (1st Cir. 1987).

Opinion

BOWNES, Circuit Judge.

Defendant-appellant Lorenzo Delgado Figueroa appeals his jury convictions on one count of conspiracy to commit mail fraud, 18 U.S.C. §§ 371, 1341, and four counts of aiding and abetting mail fraud, 18 U.S.C. § 2. The fraud involved arson and illegally obtaining the proceeds of a fire insurance policy. Appellant was a police officer assigned to investigate the fire on which the fraud was based. The only issue is the sufficiency of the evidence.

I. THE FACTS

The standard of review is well established: “[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of the fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979).

In this case, the controversy centers mainly on inferences to be drawn from the facts. In such a case, this circuit has stated:

One’s belief in the strength of these inferences, even when taken together, depends, of course, upon the degree to which one shares certain common-sense notions about human behavior_ Reasonable people might have different views about the correct answers to these questions about human behavior. Our system, however, gives jurors, not judges, the responsibility for formulating such views and answering such questions. It does so, not because jurors have expert knowledge ... or because they have the ‘true’ answers, but rather because jurors are more likely than judges to come up with answers that reflect the commonsense view of the community. And, as case law makes *693 dear, we must accept the jury’s answers unless unreasonable. Thus, we have said that the evidence need not preclude every reasonable hypothesis inconsistent with guilt; and we have added that the jury is free to choose among varying interpretations of the evidence, as long as the interpretation they choose is reasonable.

United States v. Guerrero-Guerrero, 776 F.2d 1071, 1075 (1st Cir.1985), cert. denied sub nom. Mosquero v. United States, 475 U.S. 1029, 106 S.Ct. 1233, 89 L.Ed.2d 342 (1986). With these precepts in mind, we turn to the evidence.

Juan Hernandez Roman owned Eleven International, Inc., a business which sold assorted dry goods on the wholesale market. Jose Manuel Martinez Machuca was the business’ general manager and accountant. Hernandez lived in a two-story building: the first floor was the warehouse for Eleven International; the second was his family residence. On December 24, 1979, the building was burned down by Hernandez. 1

The reasons for the arson stemmed mainly from Eleven International’s declining viability. A competitor and former employee of Hernandez’, Wilfredo Rivera Diaz, was able to undercut Eleven’s prices because he received stolen goods from a group of thieves known as the Latorre Gang. Hernandez had dismissed Rivera as general manager of Eleven. Rivera went into business and became Hernandez’ chief competitor. Because Caribbean International, Rivera’s business, could sell goods at prices dramatically lower than Eleven, Eleven was losing much of its business. Hernandez had attempted to sell his business, but was unable to locate a buyer. And he had been unable to secure a line of credit from a bank. 2

Prior to the arson, Hernandez and Martinez devised a plan to maximize the amount collected from Eleven International’s insurer, Manufacturers Trust Insurance Company (MTIC). A detailed inventory was conducted. Because much of the inventory had already been sold, the value of the remaining goods was inflated. Hernandez arranged a secret pre-fire sale of much of the remaining inventory to one Valentino Colon.

The date of the fire, December 24, 1979, was chosen because of its proximity to the holidays. Hernandez arranged for himself and his family to visit relatives on Christmas Eve, hence the building was empty when he set the fire. The fire accomplished its purpose. It took eight hours to extinguish the flames, and everything in the warehouse was destroyed.

The fraud proceeded apace after the fire. The inventory was again marked up, this time to more than three times its value. A claim for over $350,000 was submitted to Benjamin Acosta, an independent adjustor working for MTIC. MTIC turned the investigation over to Hector Montalvo Rivera, director of Centro de Investigaciones del Caribe (CCI), a private investigation firm. Prior to working for CCI, Montalvo had been an officer with the Puerto Rico Police for eleven years, three of which were spent with the fire and explosives division. During part of this time, he had been appellant’s supervisor.

The police investigation was originally assigned to Carlos Cardona Rivera, an officer new to such work. Cardona conducted only a preliminary investigation of the fire during the few days he worked on the case. Because of the size of the fire, Cardona’s lack of experience and appellant’s greater expertise with such cases, the investigation was reassigned to appellant.

In early January 1980, Montalvo and appellant went together to view the scene of the fire. They determined that the fire was not accidental. They then interviewed Hernandez, who attempted to throw suspicion on Rivera, his competitor. Through his police contacts, Montalvo was able to *694 meet with Rivera three times. During these meetings, Rivera told Montalvo that Hernandez had set the fire and that Hernandez had sold goods secretly before the fire. Montalvo relayed this information to appellant. Acting alone, Montalvo was able to verify Rivera’s story about the pre-fire sale by obtaining copies of checks and invoices from Colon, who had purchased much of the pre-fire inventory. Montalvo informed appellant of this and showed him the material he had obtained.

Based on these leads, Montalvo centered his investigation on Hernandez. After three to four months of work and many interviews, Montalvo concluded that Hernandez had set the fire. Sometime in February or March 1980, Montalvo informed MTIC and appellant of his conclusion. He recommended that appellant proceed with criminal charges against Hernandez. Mon-talvo also prepared three reports on the fire; the last one was submitted in June 1980.

Appellant’s investigation included one meeting with Rivera. At this meeting, Rivera loaned appellant $500; the loan was never repaid. Appellant met with Hernandez many times; it is fair to characterize most of the meetings as social. Montalvo was not present during any of the social meetings. Martinez, Hernandez’ general manager and accountant, was present occasionally. Appellant and Hernandez also spent four days together in Santo Domingo. Hernandez paid appellant’s hotel expenses.

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Bluebook (online)
832 F.2d 691, 1987 U.S. App. LEXIS 14668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lorenzo-delgado-figueroa-ca1-1987.