UNITED STATES OF AMERICA v. KEITH ARTHUR VINSON
US Court of Appeals for the Fourth Circuit, King, March 24, 2017,
Willful Blindness- Evidence of willful blindness exists where a leader of an organization is given information that could be criminal but deliberately fails to reply/acknowledge because the reply might later be used to show that he knew about it.
I’m not getting too much into the individual white-collar crimes, but feel free to peruse the opinion if you’re looking for that sort of thing
Facts
In October 2013, Keith Arthur Vinson was convicted in the Western District of North Carolina of various offenses arising from his leadership of schemes wherein fraud was systematically utilized to keep his real estate empire afloat. When these schemes collapsed, two banks were left insolvent and investors and vendors were out millions of dollars.
At trial, in addition to direct evidence the government also presented evidence suggesting willful blindness by Vinson. For example: Vinson asked others to help him obtain loans knowing that they would likely do so fraudulently and Vinson was given information updating him on the various schemes but did not always respond.
Vinson was convicted and sentenced to 216 months in prison. Vinson appealed, arguing that there was not enough evidence presented at trial to convict him and that “willful blindness” didn’t apply to the knowledge of wrongdoing required in this case.
Law from the Case
Held: The government’s evidence was enough to sustain the convictions.
Bank Fraud- 18 USC 1344(2) makes it illegal for someone to knowingly obtain money/credit from a financial institution by means of a false statement.
Willful blindness- Where a criminal statute requires that a crime be committed “knowingly,” that knowledge can by proven by showing willful blindness, also known as deliberate indifference.
Willful Blindness- Willful blindness occurs where “the defendant deliberately shielded himself from clear evidence of critical facts that are strongly suggested by the circumstances” in an effort to be able to deny knowledge later on.
Jury Instructions – Willful blindness- Where there is both direct evidence and evidence showing willful blindness, the jury can still be instructed on willful blindness.
Criminal Liability- Someone who “aids, abets, counsels, commands, induces or procures” a federal crime can be punished as if they did it.