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UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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No. 00-4704
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Keywords: bankruptcy fraud, obstruction of justice
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April 26, 2001
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UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
FRANK MAGILL, III, DEFENDANT-APPELLANT.
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Appeal from the United States District Court for the
Eastern District of Virginia, at Richmond. James R. Spencer, District
Judge. (CR-00-91)
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Counsel Joseph W. Kaestner, Kaestner, Pitney &
Jones, P.C., Richmond, Virginia, for Appellant. Helen F. Fahey, United
States Attorney, Gregg R. Nivala, Special Assistant United States
Attorney, Richmond, Virginia, for Appellee.
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Before Luttig, Michael, and Gregory, Circuit Judges.
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The opinion of the court was delivered by: Per Curiam
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UNPUBLISHED
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Submitted: April 6, 2001
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Affirmed by unpublished per curiam opinion.
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Unpublished opinions are not binding precedent in this
circuit. See Local Rule 36(c).
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OPINION
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Frank Magill, III, was convicted on two counts of
bankruptcy fraud, in violation of 18 U.S.C. § 152 (1994), and one count
of obstruction of justice, in violation of 18 U.S.C.§ 1503 (1994). He
was sentenced to eighteen months of incarceration and three years of
supervised release on each count, to run concurrently, and ordered to
pay $3877.71 in restitution. Magill appeals his conviction for
obstruction of justice.
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Magill was a school teacher who did freelance paint
contracting work in his spare time. In February 1998, Pamela J. Ward
became romantically involved with Magill. Ward paid Magill's traffic
fines and, in June 1998, Magill executed a promissory note for $3746 to
repay her. On August 19, 1998, Magill signed a second promissory note
for $2913 to repay Ward for additional money he borrowed from her.
Between August 23 and December 12, 1998, Ward loaned Magill an
additional $4227.08.
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On August 13, 1998, before Magill had signed his second
promissory note to Ward, he filed for bankruptcy and failed to list Ward
as one of his creditors. Additionally, Magill did not list the income
from his painting business in his bankruptcy filing. Ward testified she
did not learn of Magill's bankruptcy filing until sometime after
September 30, 1998, the date on which both notes became due, after which
Ward brought suit against Magill to recover payment.
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In October 1999, Magill became aware that he was the
subject of a criminal investigation for fraud. In January 2000, Magill
went to Ward's house and encouraged her to sign a letter to his attorney
stating that he had not borrowed money from her and that she intended
the money she gave him to be a gift. Ward refused, and Magill informed
her that his attorney had stated he was in real trouble and there was a
very real possibility he could go to jail.
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On appeal, Magill challenges his conviction for
obstruction of justice. The standard of review is whether, viewing the
evidence in the light most favorable to the prosecution, there is
sufficient evidence to support the verdict. Glasser v. United States ,
315 U.S. 60, 80 (1942).
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Magill knew that he was being investigated for
bankruptcy fraud when he approached Ward and encouraged her to sign a
letter stating the money she had loaned him was a gift. When she refused
to sign, he stated that if she would not sign the letter, he would
likely go to jail. Further, because he had signed promissory notes, he
knew the money from Ward was not a gift. Viewing this evidence in the
light most favorable to the Government, it is clear that Magill asked
Ward to lie so he could avoid imprisonment. This was sufficient to
support his conviction for obstruction of justice. United States v.
Brooks, 111 F.3d 365, 372 (4th Cir. 1997); United States v. Grubb, 11
F.3d 426, 437 (4th Cir. 1993).
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Accordingly, we affirm. We dispense with oral argument
because the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid in the decisional
process.
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AFFIRMED
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