United States v. Melinda Barany

Melinda Barany appeals her conviction by a jury on three counts of mail fraud, 18 U.S.C. § 1341 , alleging that the variance between the indictment and the proof at trial violated her right to a unanimous jury verdict. She further contends that the district court’s restitution order is impermissi-bly vague and that any requirement of restitution should be limited to the amount of loss charged in the indictment.

I.

In November 1983, Barany’s apartment was allegedly burglarized over the Thanksgiving weekend while she was away. She submitted a claim for the stolen items to her insurance company, American Star, which paid her claim in full in two drafts of $12,162.50 and $40,000.

In 1985 Barany had personal property coverage from Hartford Insurance Company. She reported another burglary after being away for the Thanksgiving weekend. After notifying the police, she prepared an insurance loss notice claiming that approximately $92,000 worth of personal property had been stolen from her apartment. Hartford paid her an initial $10,000 advance, but then became suspicious of her claims and withheld further payments.

In September 1986 Barany filed a civil action against Hartford alleging…