United States v. Eglash

Defendant appealed his conviction for mail fraud, arguing that there was insufficient evidence on Counts 4 and 6 to show that the underlying mailings furthered his fraudulent scheme. Count 4 arises from the notice of disability award that SSA mailed to defendant's girlfriend. The court affirmed as to this count, concluding that the notice of disability award marked the last step before defendant's girlfriend would receive disability benefit payments, the goal of her fraudulent plan with defendant. The mailing was a contemplated, necessary step in its respective scheme. Count 6 pertains to the application summary that SSA mailed to defendant in January 2012. The court reversed as to this count because the underlying mailing was not part of the execution of the scheme as conceived by the perpetrator at the time, and because it did nothing to further the scheme. The court remanded for further proceedings. View "United States v. Eglash" on Justia Law