United States v. Gregory Toran
698 F. App'x 845
7th Cir.2017Background
- Defendant Gregory Toran co-owned a Medicaid transportation company that billed Illinois for trips; the government proved $4.7 million in fraudulent charges out of $7.3 million billed.
- Toran was tried in a bench trial; his business partner Tina Kimbrough pleaded guilty and testified for the government.
- Toran was convicted of conspiracy to commit mail fraud and mail fraud, sentenced to 60 months’ imprisonment and ordered to pay $4.7 million restitution.
- Pretrial the government obtained a forfeiture lis pendens on multiple assets; Toran sold two properties and the proceeds were escrowed, with the district court releasing only about $50,000 for defense expenses.
- Appointed appellate counsel moved to withdraw under Anders, arguing any nonfrivolous issues are lacking; Toran filed a response raising several alleged errors (insufficient evidence, prosecutor misconduct, improper admission of summaries, alleged perjury).
- The Seventh Circuit reviewed the limited set of issues identified by counsel and Toran’s response and concluded the proposed arguments were frivolous, granted counsel’s Anders motion, and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pretrial restraint / release of escrowed funds | Gov: probable cause supported restraint; court may limit release | Toran: $50,000 release was insufficient to secure right to counsel | Court: No abuse; probable-cause restraint valid; defendant has no right to spend allegedly traceable criminal proceeds |
| Sufficiency of evidence / motion for new trial | Gov: evidence overwhelmingly supports convictions | Toran: government failed to establish elements; renewed acquittal motion | Court: Evidence viewed favorably to prosecution suffices; convictions upheld |
| Admission of summary charts (Fed. R. Evid. 1006) | Gov: summaries admissible to condense voluminous records | Toran: summaries improper or prejudicial | Court: Proper under Rule 1006; defense had records, counsel admitted charts accurate |
| Prosecutorial misconduct / alleged misstatements and use of perjured testimony | Gov: closing remarks and witness testimony were supported or reasonable inferences | Toran: prosecutor misstated evidence; government elicited perjury from Kimbrough | Court: Statements were reasonable inferences or accurate; Kimbrough’s inconsistencies reflected confusion, not proven falsehoods; Napue claim fails |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1971) (procedural standards for counsel’s motion to withdraw on appeal)
- Kaley v. United States, 134 S. Ct. 1090 (2014) (pretrial restraint of assets supported by probable cause even if funds would pay defense)
- United States v. Monsanto, 491 U.S. 600 (1989) (authority for pretrial asset restraints tied to criminal proceeds)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- Napue v. Illinois, 360 U.S. 264 (1959) (government may not knowingly use false testimony to obtain a conviction)
- United States v. Stoecker, 215 F.3d 788 (7th Cir. 2000) (Rule 1006 permits summaries of voluminous records)