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United States v. John Fitzsimmons

U.S. need not show that those involved in illegal gambling business charged bettors vigorish.

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Judge Baer

U.S. v. JOHN FITZSIMMONS John Fitzsimmons and George Conforti (collectively Defendants) were convicted after a trial of involvement in an illegal gambling business, in violation of 18 U.S.C. §1955. They timely moved for acquittal, pursuant Fed. R. Crim. P. 29, claiming that the prosecution failed to prove that the gambling was part of a business, or alternatively for a new trial, pursuant to Fed. R. Crim. P. 33, claiming that 1) the Court improperly prevented Defendants attempted establishment of an advice-of-counsel defense, and 2) the jury instruction improperly permitted to affix culpability based on Defendants failure to prevent another from violating the law. For the foregoing reasons, Defendants motions are denied.

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