99 F.4th 344
6th Cir.2024Background
- Katrina Robinson, director of The Healthcare Institute (THI), was indicted and convicted of wire fraud in connection with her administration of a federal grant awarded to THI for its Certified Nursing Assistant program.
- The indictments alleged Robinson submitted annual performance reports (APRs) with falsified student data to secure grant funding and used federal funds for personal expenses, including her wedding.
- The district court granted a judgment of acquittal (JOA) on some counts, including one count regarding the 2017–2018 APR, but denied JOA on two counts involving wedding-related payments.
- The government appealed the JOA on the 2017–2018 APR count; Robinson cross-appealed the denial of JOA on the two personal expense counts and challenged the denial of her motions for mistrial and a new trial.
- At sentencing, the district court imposed a “time-served” sentence with supervised release.
Issues
| Issue | Robinson's Argument | Government's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for wire fraud (Count 19) | APRs unsupported materiality/personal use not proved | APR falsity was material, scheme to defraud was proved | Reversed JOA on Count 19; sufficient evidence for conviction |
| Denial of JOA on wedding expenses (Counts 11 & 12) | No evidence grant funds used; no intent or scheme | Scheme existed in misrepresentation, intent shown | Affirmed denial of JOA; jury could find fraud was proved |
| Denial of mistrial with prejudice | Prosecutor acted in bad faith with unprovable charges | No bad faith, charges were properly brought | Affirmed denial; Robinson waived the motion, no bad faith |
| Constructive amendment/material variance | Indictment as tried differed from what was charged | No amendment or variance; scheme covered by indictment | No amendment or material variance found |
Key Cases Cited
- United States v. Daniel, 329 F.3d 480 (6th Cir. 2003) (Wire fraud elements and requirement of scheme to defraud and intent)
- United States v. Maddux, 917 F.3d 437 (6th Cir. 2019) (Pattern of misrepresentations and intent in fraud cases)
- United States v. Bibby, 752 F.2d 1116 (6th Cir. 1985) (Defining scheme to defraud)
- Pasquantino v. United States, 544 U.S. 349 (2005) (Success of scheme not required for conviction)
- McNally v. United States, 483 U.S. 350 (1987) (Scheme to defraud focuses on deprivation of money/property)