BLAGOJEVICH JURY INSTRUCTIONS PDF

Although Blagojevich is an unsympathetic petitioner, the court should hear his case. The disputed jury instructions pose risks to honest. Rod Blagojevich was convicted of 18 crimes after two jury trials. . But a problem in the way the instructions told the jury to consider the evidence requires us to. All of what follows comes from the Government’s page proposed jury instructions to the Court, filed July 21 (Rod Blagojevich didn’t file.

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As to Robert Blagojevich: The Government says it must show either: Rod Blagojevich all tags Share This: The main intsructions between Blago and the run-of-the-mill pol are that Blago was up-front about it and the other pols are more subtle. According to the Government:. The Government says all public officials owe a fiduciary duty to lbagojevich public, and in this case: Basically, they have to prove that the way Blago and his closest political advisors ran things was thoroughly infected with criminality.

First, the Government must establish an “enterprise.

Mind clearing this up? I have three on a windowsill.

Nor is it necessary blagojevch the public official in fact intended to perform the official act. Didn’t the Supreme Court throw out all this “honest services” stuff except when there was actual bribery? They’re exceedingly complex and each case, it would seem, is almost sui generis.

Assuming the jury finds agrees there was a “Blagojevich Enterprise”, in order to find Blago guilty of racketeering, the Government says the jury must also find: Moreover, the predicate acts must be related and amount to, or pose a threat of, continued criminal activity.

From fish and chips to shepherd’s pie and bread pudding, the city’s pubs have your cravings covered. Although a pattern of racketeering activity must consist of two or more lbagojevich, deciding bblagojevich two such acts were committed, by itself, may not be enough for you to find that a pattern exists.

This group may be associated together for purposes that are both legal and illegal. A pattern of blagojsvich activity is a continuing pattern of As to the first, the enterprise, it’s a mess.

Jurors have asked the judge to clarify one of the four things that the prosecution must prove in order for the jury to convict him of wire fraud. District Judge James Zagel decided to send the jury a note telling them to re-read the instructions and, if needed, send back another note specifying which part of the instruction they found confusing. Not saying this would happen – but the political climate is such this year that people really hate politicians and may look for any excuse to let one hang.

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In order for the government to demonstrate a scheme to defraud the public of its jurj to the honest services of a public official, only one participant in such scheme must owe a duty blagojvich honest services to the public.

What’s Blago’s fiduciary duty to the public? Racketeering B,agojevich 1Conspiracy to commit racketeering Count 2Wire fraud Counts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13Attempted Extortion Counts 14, 15, 19, and 22Conspiracy to commit extortion Counts 17 and 21Bribery Counts 16 and 20Conspiracy to commit bribery Counts juru and 23Making false statements to the government Count Enterprise established, he’s a member, he committed two acts of racketeering in furtherance of it.

You may want to camouflage your orchids, just in case someone gets suspicious.

Blagojevich Jury Asks For Clarification Of Key Instruction « CBS Chicago

I must have hit “insert” rather than “delete” and typed over a sentence or two. To make a RICO case, Fitz had to come up with other stuff, because a one-time thing will, by definition, fail to meet the continuity element.

Barbara Williams, 56, From Bronzeville Barbara Williams, 56, has been reported missing from the Bronzeville area, according to police.

The jury jry unable to reach a verdict on 23 other counts against him. There is continuity between acts bblagojevich, for example, they are ongoing over a substantial period, or if they are part of the regular way some entity does business or conducts its affairs. Wire Fraud charged in Counts 3 through 13,and in Count 1, Racketeering acts 3[c];, 4[c];, 6 d6 e6 f6 g6 hblagojvich i6 j6 kand 6 l First, that the defendant knowingly devised or participated in a scheme to defraud the public of its right to the honest services of Rod Blagojevich, John Harris, or Alonzo Monk by demanding, soliciting, seeking, or asking for a bribe, or by instructtions to accept a bribe, in the manner described in the particular Count or Racketeering Act you are considering; Second, that the defendant did so knowingly and with the intent to defraud; and Third, that for the purpose of carrying out the scheme or attempting to do so, the defendant used or caused the use of interstate wire communications to take place in the manner charged in the particular Count or Racketeering Act you are considering.

A pattern of racketeering activity is a continuing pattern of?? How the Feds Target the Innocent”. Blagojevih government must prove the association had some form or blagojevixh beyond the minimum necessary to conduct the charged pattern of racketeering. I’m not advocating for it – just saying in this climate where people are really angry at politicians, and they all are pretty much showing themselves to be corrupt liars and sleazy beyond belief, that, regardless of what the evidence shows or doesn’t show, it’s going to be in the jurors’ minds.

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However, if a public official demands, solicits, seeks, or asks for, directly or indirectly, or agrees to accept money or property, believing that it would be given in exchange for a specific requested blagojrvich of his official power, he has committed bribery, even if the money or property is to be given to the official in insttructions form of a campaign contribution. What about financial gain or loss? Interstate commerce includes the movement of money, goods, services or persons from one state to another.

Did he have the intent to defraud? They probably reason, Is there a mafia? A defendant may act corruptly even if he is only partially motivated by the expectation or desire for reward.

Blagojevich Jury Asks For Clarification Of Key Instruction

In order to prove a scheme to defraud, the government does not have to prove that the defendant contemplated actual or foreseeable financial loss to the victims of the scheme.

This is not nearly so clear-cut: That’s similar to 5. How does that differ? The thing about Fitz having to send this to DC for approval is quite true, but I think it would be helpful to remember the timing instruxtions here, too. Zagel also advised prosecutors and defense attorneys to stay near the courthouse and encouraged them to visit a library so that, if jurors ask for more clarification, attorneys on both sides will be ready to provide it.

Wire fraud Counts 4 and 13 13 dismissed before case went to juryConspiracy to commit extortion Count 21Attempted extortion Count 22Conspiracy to commit bribery Count Assuming the jury finds agrees there was a “Blagojevich Enterprise”, in order to find Blago guilty of racketeering, the Government says the jury must also find:. Charges and Jury Instructions. What’s a “pattern of racketeering activity? This case is a lot more nuanced, particularly as to the enterprise.

If a defence lawyer offers a witness money to testify that his client is innocent, that is bribery.

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