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Wrongly Convicted Database Record
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Charge: |
"Theft (including swindling/fraud, deception and grand larceny)" |
Sentence: |
"Time served, 2 years supervised release, $10,000 fine & $9,000 restitution" |
Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
2015 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
Tennessee - Federal Case |
County or Region of Crime: |
Davidson |
City of Crime: |
Nashville |
Result: |
Judicially Exonerated |
Summary of Case: |
"Aaron L. Osborne was wrongly convicted in 2015 in federal court in Nashville, Tennessee of one count of aiding and abetting the theft of government money in violation of 18 U.S.C. § 641 and 18 U.S.C. § 2. The prosecution of Aaron Osborne was based on the narrative that he worked with two other men to "steal" money from the federal government by obtaining incentive money for submitting enlistees under the Air National "Guard Recruiting Assistance Program," who were not enlistees under the program and hence ineligible for an incentive payment. Under the program airman, officers and retirees could serve as Recruitment Assistants eligible for the incentive of a $1,000 bonus for the actual enlistment of a potential airman and an additional $1,000 upon the airman's completion of basic training, for a total of $2,000 in recruitment incentives per new airman. The program was run by Document and Packaging Brokers, Inc. (“Docupak”), a private corporation. "Osborne was a full-time recruiter for the Air National Guard. He was accused of working with two RAs, Arvalon Michelle Harleston and Max P. Andolsek, to share in the cash incentives offered by the program. Essentially, Osborne was accused of referring names of pre-existing recruits to Harleston and Andolsek so that they could claim the recruiting incentive. Harleston and Andolsek would then pay kickbacks to Osborne." Andolsek, Harleston and Osborne were indicted by a federal grand jury in the Middle District of Tennessee on multiple charges. Among the charges was that "Andolsek, aided and abetted by Osborne, represented that approximately 18 potential airmen had been recruited by Andolsek in compliance with G-RAP rules, when they really had not been." Andolsek pled guilty prior to trial and testified against Osborne and Harleston during their trial. At the close of the prosecution's case, and again at the close of evidence after Osborne had presented his defense, the trial judge denied Osborne's motion for a judgment of acquittal based on the prosecution's failure to present sufficient evidence he had violated the law, because it required that he steal money from the government, and all the money had allegedly bee stolen from a private contractor -- not a government agency. Consequently, Osborne argued that even if the prosecution's evidence was taken at face value he (and Andolsek) had only violated Docupak’s internal policy, and not a federal rule or regulation. The jury convicted Osborne of aiding and abetting, but acquitted Harleston of all charges. "On October 5, 2015, Osborne filed a post-trial motion for judgment of acquittal under Federal Rule of Criminal Procedure 29(c). In his motion, he argued that the verdict should be set aside because: “(1) the government failed to produce evidence sufficient to allow a reasonable jury to conclude that the allegedly stolen funds were ‘government property’; and (2) the jury’s verdicts finding that Mr. Osborne did not conspire with Mr. Andolsek to steal from the government or to make false claims to the government are entirely inconsistent with their verdict finding that Mr. Osborne did aid and abet Mr. Andolsek in a ‘theft’ of government property." The judge denied the motion on April 5, 2016. Osborne was sentenced him to time served, two years supervised release, a $10,000 fine, and $9,000 in restitution. The Judgment was filed on December 5, 2016 and Osborne filed a notice of appeal that same day. Osborne's appeal was based on the argument "that there is insufficient evidence to sustain his conviction for theft of government property because the government failed to prove that the money involved was “government property” or that it was “stolen.”" On March 29, 2018 the U.S. Sixth Circuit Ct. of Appeals reversed the conviction of Aaron Osborne on the basis the trial judge erred in denying Osborne's trial and post-trial motions because prosecution failed to introduce sufficient to prove his guilt beyond a reasonable doubt. The Court's ruling stated: "... the government did not retain sufficient supervision and control over the funds such that the funds retained their federal character. Because we find insufficient indicia of government supervision and control over the funds, no reasonable jury could have found that the funds were something of value to the United States beyond a reasonable doubt. Thus, we hold the government failed to provide sufficient evidence to support Osborne’s conviction under 18 U.S.C. § 641." All quotes from, USA v. Aaron L. Osborne, No. 16-6760 (6th Cir., 3-29-2018). The Court's ruling may provide a basis for Andolsek to file a post-conviction petition to withdraw his guilty plea." |
Conviction Caused By: |
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Innocence Proved By: |
"On March 29, 2018 the U.S. Sixth Circuit Ct. of Appeals reversed the conviction of Aaron Osborne, No. 16-6760 (6th Cir., 3-29-2018) (Published opinion) (Reversing conviction based on insufficient evidence.)" |
Defendant Aided By: |
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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 |
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Information Source 1: |
"USA v. Aaron L. Osborne, No. 16-6760 (6th Cir., 3-29-2018) (Published opinion) (Reversing conviction based on insufficient evidence.)" |
Information Location 1: |
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0064p-06.pdf |
Information Source 2: |
"6th Circ. Flips Former Air Guard Recruiter’s Theft Conviction, By Hayley Fowler, Law360.com, March 30, 2018" |
Information Location 2: |
https://www.law360.com/whitecollar/articles/1028157/6th-circ-flips-former-air-guard-recruiter-s-theft-conviction?nl_pk=47772215-079e-4c53-bff2-f8ab291d2f3e&utm_source=newsletter&utm_medium=email&utm_campaign=whitecollar |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org