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United States v. Patrick Dehertogh

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Before Lynch, Chief Judge, Boudin and Thompson, Circuit Judges.

Patrick Dehertogh seeks review of his conviction on a charge of conspiracy to collect debts by extortionate means, 18 U.S.C. § 894 (2006), and collection (or aiding and abetting collection, id. § 2) of debts by extortionate means, id. § 894. The evidence, taken in the light most favorable to the verdict, supports the following outline of events.

In August 2008, real estate developer Michael Carucci sold, apparently at a substantial loss after renovations were taken into account, a Boston condominium that he had purchased with mortgage broker David Gefke. Carucci assumed responsibility and gave Gefke a signed promissory note for $47,000, but failed to make the promised payments on time. In January 2010, Gefke, in financial trouble and abusing drugs and alcohol, arranged to have a fellow regular at the South Boston bar he frequented–Michael “Mick” Lee–intimidate Carucci into paying the note.

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