08122010 - News Article - Cantrell's fraud conviction upheld - ROBERT CANTRELL

Cantrell's fraud conviction upheld
NWI Times
Aug 12, 2010
nwitimes.com/news/local/cantrell-s-fraud-conviction-upheld/article_c592f4d4-d92e-507a-8eda-9053545e5f3c.html
The 7th U.S. Circuit Court of Appeals denied Lake County power broker Robert Cantrell's appeal of fraud convictions Wednesday, but Cantrell's lawyer said the case is not over yet.

Valparaiso-based attorney Bryan Truitt said he will be filing a motion for rehearing.

"The opinion is contrary to the facts," Truitt said of the appellate decision. "I will appeal to whomever I must to get an accurate record and justice for Bob Cantrell."

The former North Township supervisor, 68, was sentenced to almost 6 1/2 years in prison in March 2009 for using his position in public office to steer contracts to a counseling company in exchange for money. A jury also found him guilty of insurance fraud for "deceptively procuring" township-funded health insurance coverage for two of his children, filing false income tax returns and other offenses.

Truitt argued to the appeals court in May that Cantrell's sentence was not appropriate because U.S. District Court Judge Rudy Lozano applied incorrect guidelines and failed to address arguments for leniency.

Cantrell's age, military career and other factors were not adequately addressed in the sentencing, according to the claims in appellate court documents. The appellate decision quoted Lozano mentioning Cantrell's age and addressing other factors in the sentencing.

"The judge explained that although Cantrell helped several individuals throughout his life, it appeared that, in many cases, he did so to further his own interests," Circuit Judge Terence Evans wrote in Wednesday's appellate decision.

Truitt said the appellate court got it wrong, and that the written decision was in some cases opposite of the trial record.

"The 7th Circuit has taken the lead in requiring judges to consider relevant mitigators, and today they contradicted themselves," Truitt said.

After the U.S. Supreme Court's narrowing of the definition of honest services fraud this summer in the case of Enron's former CEO, Truitt also challenged Cantrell's honest services convictions.

The Supreme Court ruled that honest services fraud only applied to bribery and kickback schemes. In Cantrell's case, the appeals court ruled his actions met the qualifications.

"By failing to fairly, honestly and candidly award contracts, Cantrell defrauded North Township and its citizens of their right to his honest services," Evans wrote in the appellate decision. "This was clearly a kickback scheme."