United States v. Raymond Vella

414 F. App'x 400
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 24, 2011
Docket09-3985
StatusUnpublished
Cited by2 cases

This text of 414 F. App'x 400 (United States v. Raymond Vella) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Raymond Vella, 414 F. App'x 400 (3d Cir. 2011).

Opinion

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Raymond Vella was tried and convicted of five counts of honest services and mail fraud, two counts of federal program fraud, and one count of federal program bribery. Vella raises several claims of error. We will affirm.

I.

The Linden Neighborhood Preservation Program (“LNPP”) was designed to provide needed repairs to lower income households in the City of Linden, New Jersey, and was funded in part by grants from the United States Department of Housing and Urban Development (“HUD”). Frank Rose, a Linden employee who ran the LNPP, solicited bids and determined which contractors were to be awarded jobs. Within two months of taking over the LNPP, Rose began a bid-rigging scheme involving five contractors, including Vella.

Rose’s scheme involved providing one of the contractors with the computer generated pricing list for a job (even though Rose knew he was not permitted to do so, and the contractors knew they were not permitted to see the pricing list) and instructing the contractor to submit a bid near the total price reflected on the list. Rose would at the same time instruct the other contractors to submit bids that were higher than the “winning” bid. Rose would rotate the “winning” bids based on the contractors’ availabilities and their abilities to handle the jobs. In exchange, Rose would receive cash payments from the contractors.

A grand jury in the District of New Jersey returned an eight-count indictment charging Vella with five counts (Counts One through Five) of participating in a scheme to defraud Linden’s citizens of money and property and their intangible right to honest services, by use of the mails, in violation of 18 U.S.C. §§ 1341 and 1346; one count (Count Six) of federal program bribery, in violation of 18 U.S.C. § 666(a)(2); and two counts (Counts Seven and Eight) of federal program fraud, in violation of 18 U.S.C. § 666(a)(1)(A). Each of the counts also charged Vella with aiding and abetting in the commission of the crimes charged, in violation of 18 U.S.C. § 2. A jury returned a verdict of guilty against Vella on all eight counts. Vella now appeals. 1

*403 II.

Vella first contends that the District Court erred in admitting into evidence the proffer statement he gave to the Government during its investigation of Rose’s scheme. Before he was indicted, Vella sat for a proffer session with federal authorities and executed a proffer agreement, which provided, in pertinent part, that:

(1) Should [Vella] be prosecuted, no statements made by [Vella] during the interview will be used against [Vella] in the government’s case-in-chief at trial or for purposes of sentencing, except as provided below.
(4) The government may use [Vella’s] statements and any information provided by [Vella] to cross-examine [Vella] and to rebut any evidence or arguments offered on [Vella’s] behalf.

During the session, Vella denied any knowledge of Rose’s illegal activities. Vel-la was also asked to disclose all recent contacts with Rose, but he failed to mention a meeting that occurred at the Linden Home Depot. According to Rose and Home Depot employee Nellie Krawiec, Vella went to the store, told Krawiec that his cell phone was not working, and asked Krawiec to call Rose on the store’s phone and tell him that he had won a prize. Krawiec made the call, and Vella grabbed the phone, warned Rose not to ask questions, and told him to come to the Home Depot. When Rose arrived, Vella told him that the authorities had come to his home and asked whether he had paid kickbacks to Rose.

At trial, despite the fact that Vella had failed to mention the Home Depot meeting during the proffer session, defense counsel stated the following in his opening:

And talking about the details of a particular case, in particular, this meeting at Home Depot that the government led with, obviously, placing a great deal of importance on that meeting. The government alluded to the fact that my client, in some way, tipped off Frank Rose to this investigation. That’s not accurate.
So when you listen to Frank Rose’s testimony about this meeting at Home Depot, think of the phrase “The devil is in the details.” Because you are going to see, ladies and gentlemen, as with all of Frank Rose’s testimony, that he is not going to talk about specifics, he’s going to talk about generalities, and when he talks about that Home Depot meeting, I submit to you that a lot of what he’s going to say is information that is made up because he wants to implicate my client in this scheme.

In addition, defense counsel’s cross-examination of Rose, who testified for the Government, included the following line of questioning:

Q. You had a meeting with [Vella] at the Home Depot, correct?
A. No, I wouldn’t call it a meeting. I went there to find out what was going on.
* * *
Q. Now, during, up until that [meeting], you had never told my client to lie to investigators, had you?
A. No I haven’t.
Q. You never had a meeting with him like you did with the other contractors ... to solicit them to lie to investigators, did you?
A. No, why would I, because the investigators already had talked to him before I could even speak to him.
*404 Q. So after you surmised that investigators had gone to see my client, you did not meet with him to ask him to lie to investigators, did you?
A. As, I’ll repeat as I said before. He told me he would get in touch with me. I left it at that and I met him at Home Depot when he called me.
Q. And you didn’t tell him at Home Depot to lie to investigators, did you?
A. No, because I thought he was wired. Finally, cross-examination of Krawiec produced the following testimony:
Q. Have any interest in why he was making a call?
A. No.
Q. Okay. You mentioned something about playing a joke on someone. Did Mr. Vella joke with you often when he came to see you at the Home Depot?
A. Yes.
Q. And was that a frequent occurrence?
A. Yes.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Epps
982 F. Supp. 2d 564 (W.D. Pennsylvania, 2013)
United States v. Mosberg
866 F. Supp. 2d 275 (D. New Jersey, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
414 F. App'x 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-raymond-vella-ca3-2011.