Defendant appealed the denial of his motion for judgment of acquittal and his conviction for theft of government funds and making false statements to a federal agency. Defendant argued that the evidence was insufficient to prove that he had the requisite criminal intent and that the verdict form also undermined the presumption of innocence.
Where the evidence showed that defendant was able to perform work inconsistent with his claimed disabilities, the jury could find that defendant intentionally received disability benefits he was not entitled to, and listing “guilty” ahead of “not guilty” on the verdict form did not undermine defendant’s rights where the district court instructed the jury on the presumption of innocence and the government’s burden of proof.
Judgment is affirmed.
U.S. v. Kinsey (MLW No. 79927/Case No. 22-2046 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Rudofsky, J.