US v. McDonald: McDonald was the executive director of a local economic development authority in Virginia who was charged with 34 counts of fraud and identity theft related to her time there. At trial she argued the development authority had “entered into a secret settlement agreement” with her to resolve a sexual assault and harassment claim and “authorized her various frauds as a way to pay” her an agreed sum. She was convicted on all counts but one.
On appeal, the Fourth Circuit affirmed McDonald’s conviction, except for the aggravated identity theft count. On that count, the issue was whether the identity theft was the “crux” of the specifically identified fraud offense in the indictment. The court held it was not, that the use of someone else’s identity “was an element of her broader scheme to profit from fraudulent behaviors, but it was ancillary to the particular wire fraud charged.” Otherwise, the court found no abuse of discretion in the denial of McDonald’s request for mistrial due to the various delays (COVID and other health related issues, primarily) during the course of her trial.
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