United States v. Gerald Singer
782 F.3d 270
6th Cir.2015Background
- Singer, a Muskegon-area landlord, was accused of an "arson-for-profit" scheme: acquiring underpriced properties, overinsuring them, and causing fires to collect insurance proceeds; tenants and witnesses implicated Singer and his son.
- Government alleged nine significant arsons (1993–2007) with insurance demands/payments totaling large sums; Singer also claimed large net operating loss (NOL) tax deductions (2005–2008) without reporting related insurance proceeds.
- Indictment (superseded) charged 15 counts: a single mail-fraud count (Count 1), multiple §§ 844(h) (use of fire to commit mail fraud) and § 844(i) arson counts, four tax-fraud counts (§ 7206(1)), and one obstruction count (§ 7212(a)).
- Jury convicted Singer on 12 of 15 counts: mail fraud, three § 844(h) counts, two arson counts, four tax-fraud counts, and one obstruction count; acquitted on three § 844(h) counts and one arson count was dismissed by the court.
- District court sentenced Singer to a total of 55 years (multiple consecutive terms under § 844(h)), ordered restitution and forfeiture. Singer appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument (Singer) | Held |
|---|---|---|---|
| Whether Count 1 (mail fraud) was duplicitous | Gov't: single continuing scheme with multiple mailings may be charged in one count | Singer: Count 1 aggregated distinct mail-fraud offenses into one "mega-count," prejudicing defense and future double-jeopardy protections | Not duplicitous; count charged a single scheme; even if duplicative, no prejudice shown; affirmed |
| Whether tax counts should have been severed (misjoinder) | Gov't: tax offenses arose directly from arson/insurance scheme and share overlapping proof; joinder proper under Rule 8(a) | Singer: tax counts were unrelated and risked spillover prejudice; should have been tried separately | No plain error; joinder appropriate because tax offenses arose from same enterprise and overlapping proof |
| Statute of limitations and venue for certain § 844(h) counts | Gov't: § 844(h) is not complete until predicate felony (mailing) occurs; venue proper under § 3237(a) where mailing occurred/continued | Singer: Count 2 time-barred (1996 fire) and Count 5 improper venue (Indiana fire charged in WDMI) | Statute of limitations satisfied because later mailings completed the offense; venue proper (mailing from Michigan to Indiana); affirmed |
| Legality of consecutive § 844(h) sentences (stacking) | Gov't: each § 844(h) conviction premised on distinct fire and mailing; § 844(h) permits consecutive terms for second or subsequent convictions | Singer: consecutive sentences improper because convictions derive from same underlying mail-fraud count or because § 844(h) refers to explosives (not fire) | No error: separate § 844(h) counts premised on different predicate felonies justify consecutive sentences; § 844(h) applies to fires as well as explosives; affirmed |
Key Cases Cited
- United States v. Boyd, 640 F.3d 657 (6th Cir. 2011) (defines duplicity)
- United States v. Davis, 306 F.3d 398 (6th Cir. 2002) (duplicity standard)
- United States v. Kakos, 483 F.3d 441 (6th Cir. 2007) (plain-error review for undisturbed indictments)
- United States v. Frost, 125 F.3d 346 (6th Cir. 1997) (elements of mail fraud)
- United States v. Robinson, 651 F.2d 1188 (6th Cir. 1981) (single-count scheme charging approved to avoid multiple substantive counts)
- United States v. Olmeda, 461 F.3d 271 (2d Cir. 2006) (acts may be charged in single count if part of single continuing scheme)
- United States v. Sims, 975 F.2d 1225 (6th Cir. 1992) (consolidation/merger of multiple § 924(c) counts tied to a single predicate offense)
- United States v. Beardslee, 197 F.3d 378 (9th Cir. 1999) (§ 844(h) not complete until both fire and predicate felony occur)
- United States v. Creech, 408 F.3d 264 (5th Cir. 2005) (§ 844(h) stacking applies to fire-related felonies)
- United States v. Colvin, 353 F.3d 569 (7th Cir. 2003) (interpreting § 844(h) to treat fire and explosives similarly)