UNITED STATES V. TOMICIC, NO. 12-2653-cr (2D CIR. NOV. 22, 2013) (CALABRESE, POOLER, AND KORMAN) (SUMMARY ORDER), AVAILABLE HERE
The Court affirmed the defendant’s conviction for wire fraud and denied his claim that the government presented insufficient evidence at trial. That evidence demonstrated that the defendant submitted what he knew to be falsified, backdated competing bids to a developer. The defendant also knew that a dispute between the developer and insurance carrier existed. As a result, the jury could find that the defendant knew his falsified bids would be given to the insurer. The Court also affirmed a $90,000 restitution order and denied the defendant’s claim that an insufficient basis existed to justify the loss calculation. Based upon the evidence, the Court could determine the loss by taking the difference between the actual cost of the work done and the amount claimed in the falsified bid.