United States v. Carroll

860 F.2d 500 (1st Cir. 1988)

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Nature of the Case

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Facts

Carroll (D) worked for the city of Providence, Rhode Island, in its public works department. He approached Riccitelli, the owner of Elaine Plumbing and Heating Co., about doing work for the city. D wanted a kickback based on the amount of the contract. Riccitelli agreed to this arrangement and was awarded the contract. Twice, he cashed checks a local bank and used the cash to pay off D. Their scheme was discovered when Riccitelli was subpoenaed as a part of a corruption probe. D was charged with violating 18 U.S.C. sec. 1951. Copies of the checks were admitted into evidence at trial. D was convicted. He moved for a new trial, claiming that the checks were inadmissible under the best evidence rule. The checks admitted into evidence were not the original checks, but copies made from bank microfilm records. The motion was denied, and D appealed.