Tag: Conspiracy

Opinion: Ocasio v. United States

An interesting case, and not just because I live in Baltimore.

Majestic Auto Repair was paying up to $300 for each damaged vehicle Baltimore police would steer their way from the scene of an accident. By the time the FBI broke up the deal some sixty officers were involved.

One of the officers, Samuel Ocasio, was tried and convicted on three counts of extortion and one count of conspiracy to commit. He appealed the conspiracy conviction on the grounds that in order to conspire to obtain property “from another,” conspirators must agree to obtain property from someone outside the conspiracy. Since the conspiracy was between Ocasio and the owners of Majestic Auto Repair who were paying the bribes out of their own pockets, and not “from another”, there was no conspiracy.

The Court didn’t buy it. Justice Alito delivered the 5-3 opinion, sketched above. For an in-depth explanation of the opinion go here.

Posted in Opinions, Supreme Court Tagged with: , , , ,