United States v. Racasi

Hawkins and Racasi were analysts on the staff of a member of the Cook County Board of Review, when they accepted money from Haleem, a corrupt Chicago police officer acting as an undercover agent to reduce the penalties for his own crimes. The Board hears complaints by property owners who believe that the assessed valuation (which affects real-estate taxes) is excessive. Haleem paid Hawkins and Racasi to arrange for lower assessments. They took his money, and the assessments were reduced, except for one parcel about which the protest was untimely. A jury found that they had violated 18 U.S.C.666 (theft or bribery concerning programs receiving federal funds) and 1341 (mail fraud), plus corresponding prohibitions of conspiracy. Hawkins and Racasi contend that they took the money with the intent to deceive Haleem and did nothing in exchange and that the jury was improperly instructed. The Seventh Circuit affirmed the section 666 convictions, but vacated the section 1341 convictions. The jury may have found that defendants intended to be influenced; but if they did not, they intended to be rewarded for the positions they held, if not for services delivered. They were guilty either way. Section 1341 covers only bribery and kickbacks. View "United States v. Racasi" on Justia Law