United States v. Kevin Choy

Kevin Choy was convicted by a jury of conspiracy, 18 U.S.C. § 371 ; bribing a public official, 18 U.S.C. §§ 201 (b)(1) and 2; two counts of money laundering, 18 U.S.C. §§ 1956 (a)(1)(A)© and 2; smuggling, 18 U.S.C. §§ 545 and 2; and two counts of entry of adulterated food, 21 U.S.C. §§ 342 (a)(1) and (3), 331(a) and 333(a)(2) and 18 U.S.C. § 2 . Choy appeals his conviction on each count.

The government concedes that it failed to prove money laundering, and we accordingly reverse Choy’s conviction on those two counts. We also conclude that the theory of bribery upon which Choy was convicted was legally erroneous and constituted a variance from the bribery offense alleged in the indictment; we therefore reverse Choy’s bribery conviction. Because Choy’s conspiracy conviction may have been based on the legally insufficient bribery conviction, we reverse the conspiracy conviction and remand for retrial. Finally, because we find beyond a reasonable doubt that the jury convicted Choy of smuggling and entry of adulterated food as either an aider and abettor or as a principal, rather than as a co-conspirator, we affirm those convictions.

FACTS

This case arises out of an…