United States v. Rutigliano, No. 14-152 (2d Cir. 2015)
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Defendants appealed their convictions for conspiracy to commit mail fraud, wire
fraud, and health care fraud, as well as substantive counts of these offenses, and
one count of making false statements. Defendants' convictions stemmed from their roles in a decades-long scheme to defraud the United States Railroad Retirement Board into awarding fraudulent disability annuity payments to Long Island Railroad retirees. The court concluded that the government presented sufficient evidence as to venue, that defendants cannot succeed on a theory that venue was improperly manufactured, and that no “substantial contacts” inquiry is required where (as here) the defendants did not argue to the district court that prosecution in the Southern District of New York caused them hardship, prejudice, or otherwise undermined the fairness of their trial. The court applied the ordinary rule that the receipt of profits from an economically motivated conspiracy (here, disability
pension payments) constitutes an overt act in furtherance thereof, and rejected application to this case of the limited exception, articulated in United States v. Grimm. The court rejected defendants’ challenges to the jury instructions and defendants remaining challenges. Accordingly, the court affirmed the judgment.
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