United States v. Barta

Barta was friends with Buenrostro, who was an associate of Medrano. Medrano had dealings with a man purporting to be a health care consultant (Castro) who told Medrano he could, in return for payment of a bribe to a corrupt county official, obtain contract approval from Los Angeles County for the purchase of medical bandages by its hospital system. “Castro” was actually an undercover FBI agent and there was no corrupt official. Medrano recruited Buenrosto and Barta. Though the sting continued for many months, Barta spoke with Castro four times. The Seventh Circuit reversed Barta’s conviction for conspiracy to commit bribery, stating that Barta was entrapped as a matter of law. The government conceded that Barta was not predisposed to commit the crime. To overcome Barta’s entrapment defense, therefore, the government was required to prove beyond a reasonable doubt that there was no government inducement. It failed to do so. During its undercover operation the government employed repeated attempts at persuasion, including fraudulent representations, promises of reward “beyond that inherent in the customary execution of the crime,” and pleas based on need, sympathy, or friendship. The cumulative effect of these tactics directed at Barta amounted to inducement. View "United States v. Barta" on Justia Law