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Tuesday, September 08, 2015

Ind. Decisions - 7th Circuit decides one Indiana case today

In USA v. Eugene Clarke (ND Ind., Lozano), an 8-page decision, Judge Bauer writes:

On June 2 and 3, 2014, defendantappellant, Eugene Clarke, stood trial for seven counts of filing a false claim with the United States in violation of 18 U.S.C. § 287. At the close of the government’s evidence, Clarke moved for judgment of acquittal under Federal Rule of Criminal Procedure 29, arguing that the government failed to present any evidence that he knew the claims he presented were false. The district court denied the motion. Clarke also requested a jury instruction on good faith, which the district court also denied. The jury ultimately convicted him on all counts. Clarke now appeals his conviction, as well as the district court’s ruling on the jury instruction. * * *

For the aforementioned reasons, we AFFIRM the judgment of the district court and Clarke’s conviction.

Posted by Marcia Oddi on September 8, 2015 03:56 PM
Posted to Ind. (7th Cir.) Decisions