United States v. Selby
557 F.3d 968
In the United States Court of Appeals for the Ninth Circuit
Docket Number 07-30183
Before Circuit Judge Tallman, Circuit Judge Clifton, and District Judge Korman
Decided on February 09, 2009

Relevancy of the case: Appeal challenging the sufficiency of evidence in a case involving wire fraud and a felony conflict of interest

Statutes and Provisions Involved

• 18 U.S. Code § 208 (Acts affecting a personal financial interest)
• 18 U.S. Code § 1343 (Fraud by wire, radio, or television)
• 18 U.S. Code § 1512 (Tampering with a witness, victim, or an informant)

Relevant Facts of the Case

• The appellant was an administrative official in a federal agency which produces and transmits power.
• She involved herself in promoting business between the agency and a company, “Knowmadic Inc.”, where her husband worked. This resulted in financial gain for him.
• She promoted extensive additional use of Knowmadic’s software and participated in the decision-making process to implement further use of their products.
• This led to her conviction on multiple counts, including wire fraud, making false claims, and felony conflict of interest.
• The court sentenced her to five years’ probation on each count of conviction. She challenged the sufficiency of the evidence on each of the three counts.

Prominent Arguments by the Counsels

• The appellant’s counsel argued that:
  • Section 208 does not apply because her participation occurred post-procurement of that project.
  • She was unaware that her actions would affect her husband’s compensation.
• The appellee’s counsel submitted extensive evidence showing Selby’s active involvement in promoting additional business between the agency, benefiting her husband.

Opinion of the Bench

• The evidence supported the essential elements of the crime beyond a reasonable doubt.

Final Decision

• The court affirmed the conviction.