United States v. Biaggi case brief

United States v. Biaggi case brief summary
909 F.2d 662 (2d Cir. 1990), cert. denied sub nom. Simon v. United States, 499 U.S. 904 (1991)

CASE SYNOPSIS

Defendants, a former congressman and his son, the congressman's law partner, a company president, a borough president, and a federal agency regional director, sought review of judgments of the United States District Court for the Southern District of New York, which convicted them of extortion, bribery, gratuity, mail fraud, false financial disclosure, false tax return, grand jury perjury, tax evasion, obstruction of justice, and RICO violations.

CASE FACTS
Defendants, a former congressman, the congressman's son, the congressman's law partner, a company president, a borough president, and a federal agency regional director, were indicted and convicted by the trial court of various offenses that arose out their involvement with the affairs of a corporation.

DISCUSSION

• The court affirmed in part and reversed in part. 
• The court dismissed some convictions of the congressman's son and the federal agency regional director, and remanded for resentencing. 
• The court reversed some convictions of the company president and remanded for retrial. 
• The court held that the evidence did not permit a rational jury to find beyond a reasonable doubt that the congressman's son knew that his father had received shares of stock as a bribe or gratuity. 
• The court held that the predicate acts of accepting a bribe and obstructing justice were insufficient to establish a pattern of racketeering activity by the federal agency regional director. 
• The court held that it was error for the trial court to have excluded evidence that supported the inference that the company president truthfully denied knowledge of the wrongdoing of others.

CONCLUSION
The court affirmed in part and reversed in part. The court dismissed some of the convictions of the congressman's son and the federal agency regional director, remanding for resentencing. The court reversed some of the convictions of the company president and remanded for resentencing. The court held that the acceptance of a bribe and obstruction of justice were insufficient to establish a pattern of racketeering activity.

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