United States v. Speight

75 F. App'x 802
CourtCourt of Appeals for the Second Circuit
DecidedAugust 28, 2003
DocketNo. 02-1342
StatusPublished
Cited by3 cases

This text of 75 F. App'x 802 (United States v. Speight) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Speight, 75 F. App'x 802 (2d Cir. 2003).

Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the conviction and sentence of the District Court are AFFIRMED.

Defendant-appellant Kenneth Eugene Speight appeals from a judgment of the United States District Court for the Northern District of New York (David N. Hurd, Judge), following his conviction for conspiracy to commit mail fraud (18 U.S.C. § 371), conspiracy to injure federal officers (18 U.S.C. § 372), and three counts of mail fraud (18 U.S.C. § 1341). The Government’s evidence demonstrated that while Speight was an inmate at the Federal Correctional Institution at Ray Brook, N.Y. he participated in a scheme using the mails to file fraudulent liens in amounts totaling many millions of dollars against the property of, among others, the Connecticut federal prosecutors and district court judge who were involved in the 1997 firearms conviction that led to his incarceration at Ray Brook. Following his conviction in the Northern District, Speight was sentenced principally to 72 months’ imprisonment. On appeal, he challenges his conviction on numerous grounds, including the facial sufficiency of the substantive mail fraud counts of indictment, the adequacy of the government’s proof of mail fraud, and various of the court’s evidentiary rulings during trial.

To obtain a conviction under § 1341, the Government must prove, among other things, that a defendant “devised or intend[ed] to devise any scheme or artifice to [804]*804defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises.” 18 U.S.C. § 1341. Speight contends that his indictment did not allege a “scheme to defraud” or the “money or property” element of the mail fraud offense since a “scheme to defraud” requires “an intent to deceive and intent to cause actual harm.” United States v. Chandler, 98 F.3d 711, 715 (2d Cir.1996) (internal quotation marks omitted and emphasis in original). We find no merit to this contention, which blurs the distinction between the facial sufficiency of the indictment and the adequacy of the government’s proof at trial.

Here, the indictment alleged that Speight mailed various federal officials numerous letters — with such titles as “Billing Statement,” “Notice of Claim and Request for Payment,” and “Notice of Default”— that falsely claimed that these officials owed him multimillion-dollar debts and, in some cases, filed liens against these officials when they did not pay. The indictment also alleged that these mailings and liens were designed to “obtain money” and “falsely and fraudulently establish [his victims’] indebtedness.” (Indictment at 4-5.) As such, the indictment, which tracks the language of the statute, sufficiently alleged that Speight intended to deceive these officials into believing that they owed him money and to obtain their money through false representations. See United States v. Flaharty, 295 F.3d 182, 198 (2d Cir.) (“In order to state an offense, an indictment need only track the language of the statute and, if necessary to apprise the defendant of the nature of the accusation against him, ... state time and place in appropriate terms.” (internal quotation marks omitted)). Accordingly, Speight’s challenge to the facial sufficiency of the indictment fails.

Speight also challenges the adequacy of the Government’s proof at trial of mail fraud. In particular, Speight contends that no evidence was adduced that he intended to deceive or to cause harm. In addition, he contends that the Government’s theory at trial was that the fraudulent liens merely risked the credit ratings of the federal officials whom he targeted and that this risk does not equate to an attempt to obtain money or property necessary for conviction under § 1341. See, e.g., Porcelli v. United States, 303 F.3d 452, 457 n. 1 (2d Cir.2002) (noting that mail fraud statute “requirefs] a scheme aimed against the monetary or property interests of the victim”).

The evidence adduced at trial, when viewed in the light most favorable to the Government, see United States v. Valenti, 60 F.3d 941, 945 (2d Cir.1995), showed that Speight, using the mails, devised and implemented a plan to trick federal officials into believing that they owed him millions of dollars so that they would pay him — even if only modest amounts — to terminate the liens. Speight, on the other hand, contends that he was making obviously fanciful claims which these officials were free to reject, that he never sought to conceal his identity, and that he sought these payments in “good faith.” Whether Speight acted with innocent motives or with fraudulent intent was for the jury. Since the jury credited the government’s proof of motive and rejected Speight’s explanations of his conduct, his challenge to the verdict on this ground fails.

A more difficult question is whether one’s credit rating qualifies as “money or property” under § 1341. See, e.g., United States v. Walker, 191 F.3d 326, 335 (2d Cir.1999) (noting that “money or property,” under the mail fraud statute, can include intangibles); United States v. Dinome, 86 F.3d 277, 280, 284 (2d Cir.1996) [805]*805(recognizing that property, under the mail fraud statute, includes the right to control one’s assets). We need not reach this issue since the government’s proof at trial also established that Speight intended that the subjects of the fraudulent liens might at some point make nominal payments to him to extinguish the liens and that he hoped at some point to sell the liens at a discount to off-shore financial institutions. Although neither occurred, this proof was nonetheless sufficient to establish that Speight violated § 1341 through his efforts to obtain the money of others through fraudulent means. In United States v. Wallach, 935 F.2d 445, 461 (2d Cir.1991), we held that “although money or property must be the object of the scheme, the government is not required to show that the intended victim was actually defrauded. The government need only show that the defendants contemplated some actual harm or injury.” (internal citation omitted). Here, the Government offered sufficient evidence of intended harm to support Speight’s conviction for mail fraud.

As the Government concedes, it made mistakes during its arguments. During the Government’s opening statement, the prosecuting attorney, to whom Speight had also sent demands for money, used the first-person when describing a meeting with Speight that the prosecutor had attended.

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Cite This Page — Counsel Stack

Bluebook (online)
75 F. App'x 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-speight-ca2-2003.