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Second Circuit Affirms Bribery Conviction of Former Mayor of Spring Valley, New York

In United States v. Noramie Jasmin, 15-2546-cr, a Second Circuit panel (Walker, J., Cabranes, J. and Lohier, J.), affirmed by summary order the bribery conviction of Noramie Jasmin, a former mayor and trustee of the Village of Spring Valley, New York, a town in Rockland County, New York.  Jasmin was convicted of participating in a scheme to obtain financial benefits for herself in exchange for exercising her official powers to facilitate the construction of a community center.  Jasmin appealed from a conviction of one count of mail fraud in violation of 18 U.S.C. §§ 1341 & 1346, and one count of Hobbs Act extortion in violation of 18 U.S.C. § 1951, and her sentence of four years imprisonment. 

In affirming the conviction, the Second Circuit panel rejected Jasmin’s argument that the Government’s use of a mailing not cited in its indictment as evidence at trial in support of its mail fraud charge constituted a constructive amendment to the indictment in violation of the Grand Jury clause of the Fifth Amendment to the United States Constitution.  The panel also held that the use of the mailing was not a “prejudicial variance” from the indictment depriving Jasmin violating her rights to notice of the charges.  Finally, the panel rejected Jasmin’s challenges to her conviction based on the alleged insufficiency of the evidence, and the allegedly ineffective assistance of her counsel.  Although not as notable as some of the other public corruption cases brought in S.D.N.Y. in recent years, this honest services fraud conviction has been affirmed.

-By Patrick D. Gibson and Harry Sandick