Monday, June 26, 2017

Court Vacates RICO Conspiracy, Federal Theft Convictions

US v. Pinson: Pinson was a member of the board of trustees at South Carolina State University as well as a participant in various business ventures, including Supremes, LLC (a diaper business) and VRE (real estate), and was charged with RICO and related charges arising from them. As a SCSU trustee, Pinson convinced the school to hire a particular promotor for its homecoming concert, from whom he received money and attempted to have the school purchase a luxury resort (as an "off-campus retreat facility"), for which he was supposed to receive a "commission." As for Supremes, Pinson helped the company receive a federal grant to refurbish an old factory, but the work was not completed and Pinson was involved in sending false invoices. Finally, with VRE, Pinson was involved with a housing contract. Pinson was charged with RICO conspiracy, theft from Government programs, extortion, money laundering, false statements, and various frauds.  After a two week trial he was convicted of numerous counts, including the RICO conspiracy, and sentenced to 60 months in prison and more than $340,000 in restitution and penalties.

On appeal, the Fourth Circuit affirmed most of Pinson's convictions, but vacated several. Specifically, the court found that the evidence did not show that there was a single RICO conspiracy that encompassed all four of Pinson's activities. Pinson and those he worked with did not commit the safe offenses and did not form a RICO "enterprise." The court also concluded that the evidence was not sufficient to sustain Pinson's two convictions for federal program theft related to VRE because one of Pinson's associates was not an "agent" of a covered entity and VRE did not receive a federal benefit.

Judge Diaz dissented on the RICO conspiracy and would have affirmed that conviction.

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