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In the Courts
Eleventh Circuit Rejects Challenge to Indictment in Bid-Rigging Scheme
United States v. Poirier, No. 01-15989, 2003 WL 302262 (11th Cir. Feb. 13, 2003).
Defendants Michael deVegter and Richard Poirier, Jr. appealed their conviction for money and property wire fraud in connection with their participation in a scheme to defraud Fulton County, GA. Defendants were indicted for their roles in corrupting the process by which Fulton County selected an underwriter for a bond refunding project. Fulton County hired deVegter to serve as its independent financial advisor as it solicited and evaluated proposals from competing underwriters for the project. Poirier was a partner with Lazard Freres & Co. (Lazard), which eventually was awarded the underwriting contract. In exchange for deVegter's secret assistance in ensuring that Lazard's proposal was selected, Poirier through an intermediary paid deVegter over $40,000.00. A grand jury indicted both deVegter and Poirier for conspiracy to commit wire fraud in violation of 18 U.S.C. ' 371; money-and-property wire fraud in violation of 18 U.S.C. ' 1343; and honest-services wire fraud in violation of 18 U.S.C ' 1346. The jury found both defendants guilty of conspiracy and of ' 1343 wire fraud.
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