Boston judge woodlock

Woodlock referenced the "five elements" that must be present for wire fraud to have occurred. According to the Legal information Institute at Cornell Law School , a defendant can only be convicted of wire fraud if the following criteria are met: " 1 the defendant must have been engaged in a scheme to defraud; 2 the scheme must have involved material misstatements or omissions; 3 the scheme resulted, or would have resulted upon completion, in the loss of money, property, or honest services; 4 the defendant must have used interstate wirings in furtherance of scheme to defraud; and 5 the defendant used or caused the use of interstate wirings.

Woodlock maintained elements 4 and 5 were not met. Hafer argued the fact that the deposits of Dr. David Cabeceiras' checks were made in Fall River, and went to the bank's headquarters in Rhode Island, that necessarily means the interstate element was indeed met. As to the tax fraud counts, the defense argued that prosecutors did not prove Correia "willfully" failed to report income and filed false returns — specifically the idea that Correia signed those tax returns knowing that information in there was incorrect.

Again the prosecution used the argument that "common sense" that Correia knew he had to report SnoOwl money on his tax returns. Woodlock called the case "thin" but Hafer argued: "All the time he put into this company, you have to prove knowledge He failed to even mention the existence of this company.

The government doesn't view that as thin, the government views it as willful. Tobin said if you look at that document, Correia could have provided info about his businesses, yet he doesn't report he's self-employed. Defense attorney Marx also questioned the use of a credit card associated with Snokimo, another of Correia's businesses that came up only briefly at trial.

It might be embezzlement, it might be fraud, but not tax. Of the tax returns, Woodlock said Correia may have made a false statement, but there was no evidence presented that proved it was willful. Marx said no one explained tax law to him. For counts J and K, which regard the filing of false tax returns, Woodlock also said he would grant an acquittal.

However, he offereded prosecutors the opportunity to provide, by 9 a. Tuesday, more information on the charges related to the filing of false amended tax returns. The defense also challenged whether marijuana vendors Charles Saliby and Matthew Pichette, who testified at trial about bribes paid to Correia for letters of non-opposition needed to open up shop, could be considered conspirators as well as victims.

At issue was the Hobbs Act, a federal law prohibiting extortion or robbery by wrongful use of force or fear, or the attempt of these crimes, affecting interstate or foreign commerce. Woodlock said Pichette and Saliby did not merely "acquiesce" to Correia's demands. He said these were businessmen who wanted a license and found a way to get it done, through a "faithless employee" in the Fall River city government.

Woodlock said he assumed both parties would be ready to go forward with sentencing Tuesday at 11 a. He said he will sentence Correia to prison Tuesday and a self-surrender date will be provided, meaning he will not go directly to prison tomorrow.

He said he's thinking about how to vindicate the public interest. However, he will hear arguments about whether there should be a stay of his sentence pending appeal. Earlier on Monday, the defense team filed a memo adding more voices to those asking for leniency on his behalf.

Alexandra Correia, 24, a graduate student at Boston College in the school of social work, described a loving and happy sibling relationship between the two, playing as children. Alexandra Correia also noted that her brother was a key source of support and strength during a terrible incident that occurred to her when a young student at Salve Regina College in Newport, Rhode Island. He saw me hurting and he chose to sit in my pain with me. He said he was not inclined to stay his sentence but told lawyers he would consider arguments on that issue.

Payoffs were delivered to him during meetings in his city-issued car and tucked in an envelope hidden in a backyard shed, Hafer said. He allowed 13 convictions to stand, including three counts of wire fraud, two counts of filing false tax returns, and four counts of both extortion and extortion conspiracy.

However, he said he believed Correia had committed fraud that could have been prosecuted by state authorities on those counts. Prosecutors said Woodlock can order Correia to pay restitution to all of the SnoOwl investors he harmed, even those who were victims in the dismissed wire fraud convictions.

Woodlock said he will order Correia to pay restitution but has yet to determine how much or to whom. Goode may be reached at jgoode heraldnews. Support local journalism and subscribe to The Herald News today!

Facebook Twitter Email. Former Fall River mayor Jasiel Correia's appeal begins on corruption and fraud conviction. Goode The Herald News. After being convicted of 21 counts of fraud, extortion and conspiracy, former Fall River Mayor Jasiel Correia II says he is innocent and will appeal. Jasiel new trial docs.