The Third Circuit affirmed the defendant’s convictions for conspiracy, fraud, embezzlement, and other crimes. The defendant owned a for-profit education company through which he contracted with the School District of Philadelphia to run a school. But instead of spending the money he received on the students as the contract required, he embezzled funds for his benefit and the benefit of his co-conspirator, Chaka Fattah, Jr. A jury found him guilty of all charges. The defendant appealed and alleged several errors, ranging from speedy trial right violations to errors in evidentiary rulings and sentencing miscalculations. The Third Circuit affirmed. First, the Court rejected the defendant’s statutory as well as constitutional speedy trial claims and concluded that the District Court did not violate his speedy trial rights. Next, the Third Circuit held that the District Court correctly defined “agency” under 18 U.S.C. § 666 and appropriately excluded an agency clause in the contract. Next, the Third Circuit found that the District Court correctly excluded irrelevant evidence and an untimely-disclosed expert witness. Finally, the District Court did not err in calculating the fraud loss, credits against the loss, forfeiture, and restitution.
