United States v. Worley

219 F. Supp. 2d 589, 2002 U.S. Dist. LEXIS 17294, 2002 WL 31056008
CourtDistrict Court, D. Delaware
DecidedSeptember 16, 2002
DocketNo. CR.A. 01-65-GMS
StatusPublished

This text of 219 F. Supp. 2d 589 (United States v. Worley) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Worley, 219 F. Supp. 2d 589, 2002 U.S. Dist. LEXIS 17294, 2002 WL 31056008 (D. Del. 2002).

Opinion

MEMORANDUM OPINION

SLEET, District Judge.

I. INTRODUCTION

A Grand Jury indicted Bonita Worley (‘Worley”) and her co-defendant, David H. Brown, II (“Brown”) on September 25, 2001. The indictment contained six charges, including two mail fraud counts, one count of interstate transportation of stolen motor vehicles, one count of money laundering, and two conspiracy counts. The Honorable Roderick R. McKelvie held a jury trial on these charges from May 20 to May 28, 2002.1 At the conclusion of the case, the jury returned a guilty verdict against Worley on four of the six counts charged in the indictment: conspiracy to commit mail fraud (Count I), mail fraud (Count III), conspiracy to commit money laundering (Count V), and money laundering (Count VI).

Presently before the court is Worley’s motion for judgment of acquittal. For the reasons that follow, the court will deny this motion.

II. STANDARD OF REVIEW

In reviewing a motion for judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure, the court must “review the record in the light most favorable to the prosecution to determine whether any rational trier of fact could have found proof of guilt beyond a reasonable doubt based on the available evidence.” U.S. v. Smith, 294 F.3d 473, 476 (3d Cir.2002) (citing U.S. v. Wolfe, 245 F.3d 257, 262 (3d Cir.2001)). Furthermore, the court is required to “draw all reasonable inferences in favor of the jury’s verdict.” See id. (citing U.S. v. Andershow, 88 F.3d 245, 251 (3d Cir.1996)). Thus, a finding of insufficiency should “be confined to cases where the prosecution’s failure is clear.” See id. (citing U.S. v. Leon, 739 F.2d 885, 891 (3d Cir.1984)).

With this standard in mind, the court will now describe the facts and evidence adduced during Worley’s trial.

III.BACKGROUND

In the early 1990s, pursuant to a City ordinance, the City of Wilmington created a non-profit organization called the Wil-mingtonians. This non-profit organization was responsible for the execution of programs designed to benefit the City of Wilmington’s residents. Such programs included the Neighborhood Ambassadors’ Program (“NAP”), the City of Wilmington Academic Scholarship Program, and the Self Help Improvement Program (“SHIP”). The mission of the Wilmingto-nians was to advise and assist Wilmington City government in improving the quality of life in Wilmington’s neighborhoods.

The Wilmingtonians was funded almost entirely by the City, and was functionally a City operation. The ordinance, as well as the company’s Certificate of Incorporation, provided that, upon dissolution, all of the Wilmingtonians’ assets would revert back to the City of Wilmington. As a result, members of the Wilmingtonians’ Board of Directors considered all of the company’s property to be owned by the City. See Transcript of Trial (“Tr.”) at C-76. The company’s incorporation documents also provided that no part of the net earnings of the company, with the exception of regular salaries, could inure to the benefit of any officers or other private persons.

[591]*591During the period from approximately September 2000 until approximately February 6, 2001, Brown was the Executive Director, and then President, of the Wil-mingtonians. In this capacity, Brown was responsible for the day-to-day operations of the Wilmingtonians. His actions were overseen by a twenty-three member Board of Directors (the “board”), which was appointed by the Mayor. A five-member subset of the board, known as the “Shareholders,” was responsible for the operations of the company between board meetings. During the period- from approximately September 2000 until approximately January 26, 2001, Worley was the Community Outreach Specialist for the Wilmingtonians. She was also responsible for administering the SHIP program.

A. The Census and Bowling Green Checks

In 2000, the Wilmingtonians NAP program distributed census awareness fliers in Wilmington’s neighborhoods for the U.S. Census Bureau.2 On April 20, 2000, the Wilmingtonians submitted an invoice to the Census Bureau requesting its payment for this service.. On September 6, 2000, the U.S. Treasury issued a $1,160.00 check payable to the Wilmingtonians. Instead of depositing the check in the Wil-mingtonians’ bank account, Brown endorsed the check to Worley, and Worley deposited the check in her personal bank account. See Tr. at C-130-131, D-105. Brown and Worley never told the Wil-mingtonians’ accountant that this money had been so diverted.3 See Tr. at B-76, D-105.

On October 4, 2000, the Wilmingtonians paid $3,850.00 to Bowling Green of Bran-dywine, a drug and alcohol treatment facility, for Worley’s treatment services. Wor-ley completed only one day of treatment. Accordingly, on November 22, 2000, Bowling Green issued a refund- check in the amount of $3,575.00, payable to the Wil-mingtonians.. As with the census check, this money was not deposited into the Wilmingtonians’ bank accounts. Instead, the refund check was endorsed by Brown, •and .deposited . into Worley’s personal checking account on December 26, 2000. See Tr. at C-114, D-109-110. One week later, on January 3, 2001, Worley signed a check in the amount of $3,350.00 on her account, made payable to Brown. See Tr. át C-115-117, C-132. Brown cashed this check on the same day at a grocery store bank teller window. See Tr. at C-115-117. Though signed by Worley, the check was drawn in Brown’s handwriting. See Tr. at D-88-89. There was no record of this money ever having been deposited in the Wilmingtonians’ bank accounts. See Tr. at C-139.

B. The End of the City Funding and the $56,000.00 Check

In January 2001, James Baker began his term as Mayor of Wilmington. In the beginning of that month, representatives of the Mayor’s' office met with Brown and advised him that the City funding for the Wilmingtonians would be terminated. The City also notified the Wilmingtonians by letter that it had until January 26, 2001 to return all property, including motor vehicles, to the City. The letter also advised the Wilmingtonians that the City intended to conduct a complete audit of the eompa-■ny’s finances.

Absent the City funding, or replacement funding from other sources, the Wilming-[592]*592tonians did not have the financial means to survive for more than a few months. The organization was thus on the verge of financial collapse in January 2001. See Tr. at A-173, B-59. Brown recognized this fact and advised board member Wilbert Miller that the Wilmingtonians would have to “close shop.” See Tr. at C-8. At a Shareholders’ meeting in January 2001, Brown similarly informed board member Clarence White that the organization was “broke.” See Tr. at C-78.

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219 F. Supp. 2d 589, 2002 U.S. Dist. LEXIS 17294, 2002 WL 31056008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-worley-ded-2002.