United States v. Robert A. Grossi, 143 F.3d 348 (7th Cir. 1998). · Go Syfert
United States v. Robert A. Grossi, 143 F.3d 348 (7th Cir. 1998). Cases Citing This Book View Copy Cite
G Cite
cited 5× by 4 distinct cases, last quoted 2003 · 2 courts · …money is fungible and its effect transcends program boundaries. ✓
cited 3× by 2 distinct cases, last quoted 2003 · …it was not its part to trim 666 by giving its text a crabbed reading. at p. 350 ≈ altered
49 citation events (44 in the last 25 years) across 11 distinct courts.
Strongest positive: United States v. Michael Spano, Sr., Emil Schullo, and James Inendino (ca7, 2005-03-24) · Strongest negative: United States v. Wright (ded, 2002-03-22)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited "but see" United States v. Wright
D. Del. · 2002 · signal: but see · confidence high
Mass 1998); but see United States v. Grossi, 143 F.3d 348, 350 (7th Cir.1998) (upholding a conviction under § 666 where the defendant, a township supervisor, received kickbacks for making distributions from the town’s general assistance program, which received no federal money); United States v. Dakota, 188 F.3d 663, 668 (6th Cir.1999) (§ 666 requires no relationship between the illegal activity and the federal funding); U.S. v. Fernandez, 282 F.3d 500, 509 (7th Cir.2002) (stating “[w]e do not believe that it is necessary for the government to establish ... a link [between a federal inte…
examined Cited as authority (verbatim quote) United States v. Michael Spano, Sr., Emil Schullo, and James Inendino (3×) also: Cited "see", Cited "see, e.g."
7th Cir. · 2005 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
yet money is fungible and its effect transcends program boundaries. the general assistance program has more to spend on welfare (or dangle as a lure for bribes) if the federal government meets some of the township's other expenses.
discussed Cited as authority (rule) Waters v. State
Del. · 2020 · confidence medium
Next, the Superior Court examined the remaining evidence on record and concluded that the CSLI evidence was “cumulative” and that “assessing the evidence presented, the credibility of witness testimony, and the inferences drawn from the direct evidence, [Waters’] guilt was established beyond a reasonable doubt even without considering the CSLI evidence . . . [or the inferences possibly drawn from it].”17 Thus, the Superior Court conducted the requisite review and did not err in denying Waters’ motion for a new trial. 16 See United States v. Grossi, 143 F.3d 348, 349 (7th Cir. 1998)…
discussed Cited as authority (rule) United States v. Robinson
7th Cir. · 2011 · confidence medium
In United States v. Grossi, 143 F.3d 348, 350 (7th Cir.1998), we held that it did not matter whether a township’s general-assistance program, which was targeted by the bribe in question, had itself received more than $10,000 in federal funds.
discussed Cited as authority (rule) United States v. Basim Omar Sabri (2×)
8th Cir. · 2003 · confidence medium
Several of our sister circuits have addressed this more broad question. 8 The Seventh Circuit has given § 666 a broad reading, ultimately concluding that "[i]t [was] not [its] part to trim § 666 by giving its text a crabbed reading." United States v. Grossi, 143 F.3d 348, 350 (7th Cir.), cert. denied, 525 U.S. 879 , 119 S.Ct. 185 , 142 L.Ed.2d 151 (1998).
discussed Cited as authority (rule) United States v. Basim Omar Sabri
8th Cir. · 2003 · confidence medium
The Seventh Circuit has given § 666 a broad reading, ultimately concluding that "[i]t [was] not [its] part to trim § 666 by giving its text a crabbed reading." United States v. Grossi, 143 F.3d 348, 350 (7th Cir.), cert. denied, 525 U.S. 879 (1998).
discussed Cited as authority (rule) United States v. Kranovich
D. Nev. · 2003 · confidence medium
See, e.g., Lipscomb, 299 F.3d *1115 at 303 (finding that the plain language of the statute does not require a nexus); Grossi, 143 F.3d at 350 (“It is not our part to trim § 666 by giving its text a crabbed reading.”)- All in all, these decisions hold that neither the language of Section 666, nor the dictates of the Supreme Court, require such a nexus.
discussed Cited as authority (rule) United States v. Albert Louis Lipscomb, Cross-Appellee (2×) also: Cited "see, e.g."
5th Cir. · 2002 · confidence medium
United States v. Grossi, 143 F.3d 348, 350 (7th Cir.1998); id.: Grossi wants us to say that, unless the program or activity that was touched by bribery itself received $10,000 in federal funds, the "circumstance described in subsection (b)” does not obtain.
discussed Cited as authority (rule) United States v. Lipscomb
5th Cir. · 2002 · confidence medium
In United States v. Santopietro,142 that court stood by its earlier 139 Suarez v. United States, 122 S. Ct. 1547 (2002) (mem.). 140 United States v. Grossi, 143 F.3d 348, 350 (7th Cir. 1998); id.: Grossi wants us to say that, unless the program or activity that was touched by bribery itself received $10,000 in federal funds, the “circumstance described in subsection (b)” does not obtain.
examined Cited as authority (rule) United States v. Peter N. Fernandez, Iii, Peter N. Fernandez, Jr., and Kenneth K. Getty (3×) also: Cited "see"
7th Cir. · 2002 · confidence medium
In United States v. Grossi, a township supervisor was convicted of taking bribes in exchange for payments out of the town’s general assistance program in violation of 18 U.S.C. § 666 . 143 F.3d 348, 349-50 (7th Cir.1998).
examined Cited as authority (rule) United States v. Fernandez, Peter N. (3×) also: Cited "see"
7th Cir. · 2002 · confidence medium
In United States v. Grossi, a township supervisor was convicted of taking brides in exchange for payments out of the town’s general assistance program in violation of 18 U.S.C. sec. 666 . 143 F.3d 348, 349-50 (7th Cir. 1998).
discussed Cited as authority (rule) United States v. Reyes
5th Cir. · 2001 · confidence medium
United States v. Dakota, 188 F.3d 663, 668 (6th Cir.1999)(upholding a conviction under § 666 where the defendant was alleged to *735 have received kickbacks on an Indian tribe’s lease of gaming machines and the tribe, for purposes not specified by the court, received yearly federal funds in excess of the statutory amount); United States v. Grossi 143 F.3d 348, 350 (7th Cir.1998)(upholding a conviction under § 666 where the defendant, a township supervisor, received kickbacks for making distributions from the town’s general assistance program, which received no federal money).
cited Cited as authority (rule) United States v. Roberts
E.D.N.Y · 1998 · confidence medium
In United States v. Grossi, 143 F.3d 348, 350 (7th Cir.1998), Judge Easterbrook wrote the following: The general assistance program is not an “organization, government, or agency”.
cited Cited "see" United States v. Monique Bowling
7th Cir. · 2020 · signal: see · confidence high
See United States v. Grossi, 143 F.3d 348, 351 (7th Cir. 1998).
cited Cited "see" United States v. Monique Bowling
7th Cir. · 2020 · signal: see · confidence high
See United States v. Grossi, 143 F.3d 348, 351 (7th Cir. 1998).
cited Cited "see" United States v. Monique Bowling
7th Cir. · 2020 · signal: see · confidence high
See United States v. Grossi, 143 F.3d 348, 351 (7th Cir. 1998).
discussed Cited "see" United States v. Spano, Michael (2×) also: Cited "see, e.g."
7th Cir. · 2005 · signal: see · confidence high
See United States v. Grossi, 143 F.3d 348, 350 (7th Cir. 1998); United States v. Fernandez, 282 F.3d 500, 511 (7th Cir.), cert. denied, 537 U.S. 1028 (2002).
discussed Cited "see" United States v. Antonio R. Cabrera (2×)
9th Cir. · 2003 · signal: see · confidence high
See United States v. Santopietro, 166 F.3d 88, 93 (2d Cir.1999), and United States v. Zwick, 199 F.3d 672, 687 (3d Cir.1999), requiring a nexus, and United States v. Dakota, 197 F.3d 821, 826 (6th Cir.1999), and United States v. Grossi, 143 F.3d 348, 350 (7th Cir.1998), rejecting the need for one.
discussed Cited "see" United States v. Robert C. Lahue, Doing Business as Robert C. Lahue, D.O., Chartered, Doing Business as Blue Valley Medical Group Ronald H. Lahue
10th Cir. · 1999 · signal: see · confidence high
See United States v. Grossi, 143 F.3d 348, 350-51 (7th Cir.1998) (declining to decide whether certain payments have met § 666(c) requirements where the parties did not argue the issue below); United States v. Mills, 140 F.3d 630 (6th Cir.1998) (determining that § 666(c) applies to § 666(a)).
discussed Cited "see" United States v. LaHue
10th Cir. · 1999 · signal: see · confidence high
See United States v. Grossi, 143 F.3d 348, 350-51 (7th Cir. 1998) (declining to decide whether certain payments have met § 666(c) requirements where the parties did not argue the issue below); United States v. Mills, 140 F.3d 630 (6th Cir. 1998) (determining that § 666(c) applies to § 666(a)).
cited Cited "see" United States v. Richard A. Trost
7th Cir. · 1998 · signal: see · confidence high
See United States v. Grossi, 143 F.3d 348 (7th Cir.1998).
discussed Cited "see, e.g." Sabri v. United States (2×)
SCOTUS · 2004 · signal: compare · confidence low
We granted certiorari, 540 U. S. 944 (2003), to resolve a split among the Courts of Appeals over the need to require connection between forbidden conduct and federal funds; compare, e. g., United States v. Grossi, 143 F. 3d 348 (CA7 1998) (no nexus requirement), and United States v. Lipscomb, 299 F. 3d 303 (CA5 2002) (same), with United States v. Zwick, 199 F. 3d 672 (CA3 1999) (nexus requirement), and United States v. Santopietro, 166 F. 3d 88 (CA2 1999) (same).
discussed Cited "see, e.g." United States v. Genova
N.D. Ill. · 2001 · signal: see also · confidence medium
See also United States v. Grossi, 143 F.3d 348, 350 (7th Cir.1998) (maintaining that “it is not our part to trim § 666 by giving its text a crabbed reading” and that “money is fungible and its effect transcends program boundaries” in affirming the conviction of a township supervisor for accepting bribes in exchange for payments out of township’s general assistance program, even if program itself did not receive more than $10,000 in federal funds) (citing Salinas v. United States, 522 U.S. 52, 56-57 , 118 S.Ct. 469 , 139 L.Ed.2d 352 (1997)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert A. GROSSI, Defendant-Appellant
97-2723.
Court of Appeals for the Seventh Circuit.
May 29, 1998.
143 F.3d 348
1998 U.S. App. LEXIS 11788
1998 WL 214546
Marsha A. McClellan (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Jeffrey B. Steinbaek (argued), Northbrook, IL, for Defendant-Appellant.
Flaum, Easterbrook, Ripple.
Cited by 30 opinions  |  Published
EASTERBROOK, Circuit Judge.

When he was supervisor of Bloom Township in Illinois between 1981 and 1996, Robert Grossi demanded and received bribes. After a bench trial he was convicted of violating several federal statutes and sentenced to[*349] 48 months’ imprisonment. A description of one scheme among many illuminates the issues in his appeal.

Russell Guzzo, a chiropractor, remarked to Grossi that many of his clients did not pay, to which Grossi replied that the Township could handle the bills out of its general assistance program. At a later meeting Grossi told Guzzo that, in exchange for 25% of the proceeds, Grossi would approve payment of any overdue bills Guzzo submitted. The general assistance program is a welfare program of last resort, for persons who have slipped through the cracks of other welfare programs. It operates without fixed criteria; the supervisor is entitled to authorize distributions when the need seems urgent. The Township has a staff of welfare caseworkers, but Grossi was entitled to bypass them. Grossi did not tell Guzzo that the patients had to be indigent and other sources of payment unavailable; it was enough that the bills be unpaid. Guzzo and his partner Philip Piscopo went to town, submitting not only overdue bills (some as much as six years old) from residents of the Township but also unpaid bills from patients who lived elsewhere and were not eligible for the Township’s general assistance program. To increase their take, they doctored many of the bills, adding charges for services never rendered. Grossi promptly approved full payment. Guzzo and Piscopo received checks totaling $23,500 and paid Grossi his cut in cash.

Guzzo and Piscopo testified to this arrangement. Grossi asked the judge not to believe them. They submitted bogus bills to a welfare fund, cheating the Township’s most needy residents; they lied to the FBI when asked about the subject and would not testify without immunity; they evaded income taxes on some of their receipts from the general assistance program; and the defense sought to persuade the judge that among the chiropractors’ other sins was perjury about their relations with Grossi. The district judge allowed that he would not have found Guzzo’s testimony, if uncorroborated, sufficient to show guilt beyond a reasonable doubt. But, the judge added, Guzzo’s testimony was corroborated by Piscopo and by the facts that the bills were paid swiftly (unusual for a public agency) and without the documentation usually entailed. The judge wrote: “[TJhere is no conceivable explanation for the miraculous payment of $23,000 or more in old bills for patients not qualified to receive general assistance unless Mr. Grossi was the wizard behind the curtain.” Grossi wants us to treat the district judge’s skepticism about the chiropractors’ testimony as equivalent to disbelief, and to ask whether the corroborating circumstances prove bribery. But this is not how the district judge approached the issue. In the end, he believed Guzzo and Piscopo, not because they are upstanding citizens but because their tale rang true. That was his prerogative as trier of fact. The evidence in support of this criminal episode — and the others narrated by the district judge — was adequate and to spare.

Grossi sought a new trial, providing the district judge with additional evidence of the chiropractors’ low ethical standards. Piscopo may have lied about an IRS investigation; the chiropractors did not deposit checks from the general assistance fund into the partnership’s main bank account; the chiropractors have not made restitution of the funds they obtained illicitly. Ordinarily a motion for a new trial requires the district judge to make an estimate about how the newly discovered evidence would have affected the jury. But after a bench trial estimation is unnecessary. Judge Plunkett held a hearing, received the evidence, and revealed exactly how it affects the trier of fact: not at all. That conclusion is no more open to question than are the judge’s basic findings of fact, and we therefore hold that the court did not abuse its discretion in denying the post-trial motion. See United States v. Fruth, 36 F.3d 649, 651-52 (7th Cir.1994).

Only two legal issues require discussion. Both concern Grossi’s conviction under 18 U.S.C. § 666, which provides in part:

(a) Whoever, if the circumstance described in subsection (b) of this section exists — (1) being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof — (A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the[*350] use of any person other than the rightful owner or intentionally misapplies, property that — (i) is valued at $5,000 or more, and (ii) is owned by, or is under the care, custody, or control of such organization, government, or agency; or (B) corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from ariy person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or (2) corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more; shall be fined under this title, • imprisoned not more than 10 years, or both.
(b) The circumstance referred to in subsection (a) of this section is that the organization, government, or agency receives, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance;
(c) This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. '

Grossi contends that the “circumstance described in subsection (b)” — that “the organization, government, or agency receives, in any one year period, benefits in excess of $10,000 under a Federal program” — was not satisfied because the Township’s general assistance program is funded entirely by local sources. He also makes an argument based on subsection (q), to which we return.

The general assistance program is not an “organization, government, or agency”. As its name implies, it is a program carried out by Bloom Township, a “government” subject to the statute if it receives more than $10,000 in federal monéy — as the Township concededly does. Grossi wants us to say that, unless the program or activity that was touched by bribery itself received $10,000 in federal funds, the “circumstance described in subsection (b)” does not obtain. Yet money is fungible and its effect transcends program boundaries. The general assistance program has more to spend on welfare (or dangle as a lure for bribes) if the federal government meets some of the Township’s other expenses.

Congress has on occasion limited regulation to the specific activity that receives the federal money. For example’, Title IX of the Education Amendments of 1972 cover the “program or activity” that receives federal money, which led the Supreme Court to hold that other programs conducted by the recipient were unaffected by the statute. Grove City College v. Bell, 465 U.S. 555, 104 S.Ct. 1211, 79 L.Ed.2d 516 (1984). Section 666(b), by contrast, refers not to a “program or activity” but to the “organization, government, or agency”. The difference is palpable. Four years after Grove• City College Congress amended Title IX to require the entire entity receiving federal funds to abide by the statute’s substantive rules. It did this through a new provision, 20 U.S.C. § 1687(1)(A), that defines the scope of coverage as “a department, agency, special purpose district, or other instrumentality of a State or of a local government” that receives federal funds. Section 3 of Pub.L. 100-259, 102 Stat. 28 (1988). No one doubts that this language eliminates the program-or-activity restriction of Grove City College. Just so with the language of § 666(b). See United States v. Coyne, 4 F.3d 100, 108-10 (2d Cir.1993). It is not our part to trim § 666 by giving its text a crabbed reading. Salinas v. United States, — U.S.-, 118 S.Ct. 469, 139 L.Ed.2d 352 (1997).

Now for Grossi’s reliance on § 666(c), which carves out “bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business”. According to the prosecutor, this language means that wages and normal reimbursements paid to a public official do not constitute bribes. According to Grossi, this language means that federal money used to[*351] pay wages or reimburse the government’s normal expenses is excluded from the $10,-000, and if what remains does not reach that figure then § 666 becomes inapplicable. We need not decide who is right, because Grossi did not make such an argument at trial and thus has not preserved the issue for decision on appeal. We don’t know for sure what the federal funds were used for and therefore lack an adequate foundation for adjudication; perhaps the Township received $10,000 even if reimbursements of wages are excluded. What is more, there is no precedent on point, and the language does not clearly support Grossi. The prosecutor’s position has at least collateral support from the holding of Salinas that § 666 applies even when the federal funds were not misspent or otherwise affected by the bribery. — U.S. at-- -, 118 S.Ct. at 473-75. Thus review for plain error would not aid Grossi even if the record were fully developed. He calls the subject “jurisdictional”, in an effort to take advantage of the rule that jurisdictional defects may be noticed at any time, but the district court’s subject-matter jurisdiction is supplied by 18 U.S.C. § 3231 and is secure. Just the other day the Supreme Court reminded us of the gulf that separates failure of a claim on the merits from lack of jurisdiction. Steel Co. v. Citizens for a Better Envi ronment, — U.S.-,-, 118 S.Ct. 1003, 1010, 140 L.Ed.2d 210 (1998). Grossi has forfeited any reliance on § 666(c) as a defense.

Affirmed.