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Wrongly Convicted Database Record
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Charge: |
Fraud and Extortion |
Sentence: |
2 years |
Years Imprisoned: |
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Year Crime: |
2007 |
Year Convicted: |
2014 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Virginia - Federal Case |
County or Region of Crime: |
Richmond |
City of Crime: |
Richmond |
Result: |
Judicially Exonerated |
Summary of Case: |
"Robert Francis McDonnell and his wife Maureen Patricia McDonnell were codefendants wrongly convicted on September 4, 2014 of federal honest services fraud and Hobbs Act extortion charges related to allegedly doing favors for wealthy vitamin executive Jonnie Williams in exchange for more than $175,000 in gifts, loans and other benefits while he was the governor of Virginia. In 2013 McDonnell repaid more than $120,000 to Williams and apologized for bringing "embarrassment" to the State of Virginia. After their conviction by a jury Robert McDonnell, aka Bob McDonnell was sentenced to two years in prison to be followed by two years of supervised release. Maureen McDonnell was sentenced to 1 year and 1 day in prison and two years of supervised release. The McDonnells were allowed to remain free on bond pending the outcome of their appeal. On June 27, 2016 the U.S. Supreme Court unanimously reversed Bob McDonnell's conviction on the basis the jury instructions in his case were erroneous because his actions of setting up a meeting, talking to another official, or organizing an event -- without more -- does not fit the definition of an "official act." The Court's ruling stated: "Because the jury was not correctly instructed on the meaning of 'official act,' it may have convicted Governor McDonnell for conduct that is not unlawful. For that reason, we cannot conclude that the errors in the jury instructions were 'harmless beyond a reasonable doubt.' We accordingly vacate Governor McDonnell's convictions." (McDonnell v. United States, No. 15-474 (USSC, 6-27-2016)) The Court remanded his case for a retrial with the proper jury instruction for what constitutes an "official act." The U.S. Attorney's Office declined to retry the McDonnells. On September 8, 2016 a U.S. District Judge granted the U.S. Attorney's Office's motion to dismiss the charges against Bob McDonnell and Maureen McDonnell." |
Conviction Caused By: |
Erroneous jury instruction. |
Innocence Proved By: |
"On September 8, 2016 a U.S. District Judge granted the U.S. Attorney's Office's motion to dismiss the charges against Bob McDonnell and Maureen McDonnell." |
Defendant Aided By: |
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Compensation Awarded: |
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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: |
"McDonnell v. United States, No. 15-474 (US Supreme Ct., 6-27-2016) (Reversed conviction because the prosecution failed to prove McDonnell agreed to perform an "official act" in exchange for the gifts he received.)" |
Information Location 1: |
https://www.supremecourt.gov/opinions/15pdf/15-474_ljgm.pdf |
Information Source 2: |
"Feds drop charges against former Va. Gov. Bob McDonnell, by Alan Suderman and Alanna Durkin Richer (The Associated Press), The Inquirer (Philadelphia, Penn.), September 8, 2016" |
Information Location 2: |
http://www.philly.com/philly/news/politics/20160908_ap_d185423975fa41d1bc091a380dab3446.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org