United States v. Bill Lew

After a jury trial Bill Lew, an immigration attorney, was convicted of six counts of mail fraud under 18 U.S.C. section 1341 and five counts of making false statements to the United States Department of Labor (DOL) under 18 U.S.C. section 1001 . He argues that under McNally v. United States, 483 U.S. 350 , 107 S.Ct. 2875 , 97 L.Ed.2d 292 (1987), the evidence was insufficient to support his conviction on the mail fraud counts. He also argues that the district court improperly allowed the introduction of evidence of other misconduct, limited his cross-examination of key witnesses, and allowed the introduction of testimony which resulted in improper vouching for the credibility of government witnesses.

BACKGROUND

Each of counts eight through sixteen of the superseding indictment alleged that Lew misrepresented to the DOL on a Form-750 that a company was engaged in a particular business and would employ a particular person when in fact Lew knew the company was not engaged in the business and would not legitimately employ the person. Lew was convicted on five of these counts. Each of counts one through seven of the superseding indictment alleged that, in connection with a scheme to…