Nature of the Case
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Facts
Ds managed a not-for-profit charter school called the Right Step Academy. Right Step Academy was funded by the state and federal governments and was subject to the same financial audits, audit procedures, and audit requirements as a public school district. Ds engaged in a number of self-dealing activities, which defrauded the state of Minnesota, as well as the federal government. Ds diverted funds from Right Step Academy, either directly or indirectly through sham invoices for services allegedly provided by Right Group. Ds also failed to include the diverted funds as income in their joint tax returns and falsely characterized personal expenses as business expenses. Ds spent school funds on personal items such as car and credit card payments. They also failed to properly operate the school in accordance with the charter agreement. A grand jury issued an indictment charging Ds with a number of counts arising out of their scheme to divert money from Right Step Academy for their own use and benefit, and their failure to report this additional income on their federal tax returns. Ds objected to the government's proposed Pinkerton instruction on co-conspirator vicarious liability. Ds also requested that a special verdict form be submitted for the conspiracy charge, which would require the jury to specify which object offense(s) Ds conspired to commit. The district court denied the requests and gave a specific unanimity instruction. Ds were convicted and appealed.
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