United States v. Decastris

798 F.2d 261 (7th Cir. 1986)

Facts

DeCastris (D) was a Chicago police officer who worked two jobs. His other job was with Zenith Electronics wherein he managed their full-time nationwide trucking operation. Zenith learned of D's other job and demanded that he quit one or the other. D left the police job with disability benefits. The police did not learn of the Zenith job until D had collected 27 months of benefits. The contention is that D committed mail fraud by failing to disclose his employment earnings at Zenith. However, the applications for the disability only talked about jobs that were resumed and not continued. D was tried and convicted and appealed.