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Monday, April 20, 2009

Ind. Decisions - 7th Circuit decides one Indiana case today, involving environmental fraud

These ILB entries from Nov. 5, 2005 and Nov. 6, 2005 outline a "false plugging and abandonment reports scheme" reported in the Evansville Courier & Press, involving "the actions of two former state oil-well inspectors and a private contractor implicated in what prosecutors call a scheme to defraud state and federal environmental regulators." Mentioned in the stories is "Tim Boisture, who is a former project manager and part-owner of Environmental Consulting & Engineering Co., and founder of Subcon LLC."

In U.S. v. Boisture (SD Ind. Judge Young), a 15-page opinion issued today, Judge Rovner writes:

As partial owner of the environmental consulting firm Environmental Consulting and Engineering Company (“Environmental Consulting”), Timothy A. Boisture participated in a multi-part scheme to defraud, among others, his company and the Indiana Department of Environmental Management. A grand jury returned a superseding indictment charging Boisture with three counts of mail fraud, see 18 U.S.C. § 1341, one count of money laundering, see 18 U.S.C. § 1957, and one count of making false statements, see 18 U.S.C. § 1001. A jury convicted him on just two counts—both for mail fraud. Boisture appeals, arguing that the evidence against him was insufficient as to one of his mail fraud convictions. * * *

Although the question is a close one, we conclude that sufficient evidence supports the jury’s conclusion that the mailing of the two P & A Reports furthered the scheme to defraud. Likewise, the evidence was sufficient on the mailing aspect of Count I. We therefore AFFIRM Boisture’s convictions and sentence.

Posted by Marcia Oddi on April 20, 2009 01:05 PM
Posted to Ind. (7th Cir.) Decisions