Wrongly Convicted Database Record
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Charge: |
Embezzelment |
Sentence: |
"2 years and $10,000 fine" |
Years Imprisoned: |
1.08 |
Year Crime: |
2004 |
Year Convicted: |
2006 |
Year Cleared: |
2008 |
U.S. State or Country of Crime: |
West Virginia - Federal Case |
County or Region of Crime: |
Kanawha |
City of Crime: |
Charleston |
Result: |
Judicially Exonerated |
Summary of Case: |
"Robert E. Graham was wrongly convicted of embezzlement from his employer for converting accumulated sick leave into compensation to himself. Graham waived his right to a jury trial, and on August 30, 2006 he was found guilty of one count of embezzlement after a bench (judge only) trial. Graham was sentenced to two years in federal prison and fined $10,000. Graham appealed his embezzlement conviction to the Forth Circuit Court of Appeals, and in March 2008 that court reversed the conviction saying the government had not presented sufficient evidence to sustain the embezzlement conviction. Graham's case was remanded to the U.S. District Court for entry of a judgment of acquittal. In July 2008 Graham filed a civil action in the United States Court of Federal Claims pursuant to 28 U.S.C. § 2513 seeking monetary damages for unjust conviction and imprisonment. The Court denied his claim, ruling that his acquittal did not satisfy the statutory requirement for either a certificate of innocence from the trial court or a pardon." |
Conviction Caused By: |
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Innocence Proved By: |
"Graham appealed his embezzlement conviction to the Forth Circuit Court of Appeals, and in March 2008 that court reversed the conviction saying the government had not presented sufficient evidence to sustain the embezzlement conviction." |
Defendant Aided By: |
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Compensation Awarded: |
Denied |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"When Not Guilty Does Not Mean Innocence, By John Floyd, JohnFloyd.com, July 13, 2010" |
Information Location 1: |
http://www.johntfloyd.com/when-not-guilty-does-not-mean-innocence/ |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org