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Criminal Law keyed to Dripps
United States v. Loscalzo
Facts
Anthony Loscalzo, Andrew Loscalzo, Merry Stumpf, David Siegel, and Albert Boemo (Defendants) were convicted of conspiracy to defraud the United States and thirty-one counts of mail fraud. At trial, the government alleged that Defendants conspired to obstruct the U.S. Postal Service in its awarding of minority enterprise contracts by creating corporations with non-participating minority individuals named as figurehead presidents. In addition to the substantive conspiracy charge, the government offered an alternative aiding and abetting theory to allow the jury to find Defendants guilty of conspiracy if they found either that Defendants were parties to the original agreement and committed an overt act in furtherance of the conspiracy or, alternatively, that Defendants performed some act which they knew would further the conspiracy. The jury convicted Defendants. Defendants appealed.
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