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Keywords

contractdefendantappealtrialcomplianceprosecutorpiracy
contractattorneybeyond a reasonable doubtpiracy

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United States v. Gorski, 880 F.3d 27

Facts

David Gorski, founder and vice president of Legion Construction, Inc., was convicted for conspiring to defraud the United States by falsely certifying that his company was owned and controlled by service-disabled veterans to obtain government contracts. From 2006 to 2010, Gorski certified Legion as a service-disabled veteran-owned small business (SDVOSB), despite knowing it did not meet the regulatory requirements. Following a protest regarding Legion's SDVOSB status, a federal investigation revealed Gorski's fraudulent activities, leading to his indictment and subsequent conviction.

Gorski, who is not himself a service-disabled veteran, certified on behalf of Legion in its bids for government contracts during the relevant time span that the company was compliant with the SDVOSB requirements.

Issue

The main legal issues were whether the evidence was sufficient to support Gorski's convictions for conspiracy and wire fraud, whether prosecutorial statements during closing arguments warranted a new trial, and whether the forfeiture order was excessive.

Gorski first challenges the sufficiency of the evidence against him with respect to his convictions for both conspiracy to defraud the United States and wire fraud.

Rule

To convict for conspiracy to defraud the United States, the government must prove that the defendant agreed with at least one other person to defraud the United States and that an overt act was taken in furtherance of that agreement. For wire fraud, the government must show that the defendant knowingly participated in a scheme to defraud using interstate wire communications.

To make out a case of conspiracy to defraud the United States under 18 U.S.C. § 371 against Gorski, the government had to prove that Gorski agreed with at least one other person to defraud the United States, that an overt act was taken by one of the conspirators in furtherance of that agreement, and that Gorski knowingly participated in the conspiracy.

Analysis

The court found that the evidence presented at trial was sufficient to establish Gorski's intent to defraud the United States. Testimonies indicated that Gorski was aware of the SDVOSB requirements and knowingly certified Legion as compliant despite its noncompliance. The court also determined that the prosecutor's statements, while unfortunate, did not prejudice Gorski's right to a fair trial, especially given the immediate curative instruction provided to the jury.

The evidence sufficed to permit a jury to find that Gorski was aware that there were requirements under the SDVOSB program pertaining to a service-disabled veteran's ownership and control over the business.

Conclusion

The Court of Appeals affirmed Gorski's convictions and the forfeiture order, concluding that the evidence supported the jury's findings and that the prosecutor's comments did not warrant a new trial.

For these reasons, we conclude that there was more than sufficient evidence for the jury to have found beyond a reasonable doubt that Gorski had the specific intent to defraud the United States, notwithstanding the role outside attorneys and accountants played in the restructuring of Legion in 2007 and 2010.

Who won?

The United States prevailed in the case, as the court upheld Gorski's convictions and the forfeiture order based on the sufficiency of the evidence and the lack of prejudicial error.

The United States prevailed in the case, as the court upheld Gorski's convictions and the forfeiture order based on the sufficiency of the evidence and the lack of prejudicial error.

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