In United States v. Maher, No. 19-10074 (Apr. 8, 2020) (William Pryor, Branch, Luck), the Court—without oral argument—rejected the defendant’s statute of limitations argument.
The defendant was convicted of conspiracy to defraud the United States by committing mail fraud, wire fraud, and receiving/concealing/retaining government property. The Court affirmed that conspiracy conviction because, although the defendant argued that he was not timely indicted for receiving/concealing/retaining government property, there was no dispute about the other two objects of the conspiracy, for which the jury found him guilty in a special verdict.
The Court also concluded that the government timely indicted the defendant for receiving/concealing/retaining government property. Although the defendant focused only on the date he received the property, the alternative means of retaining property rendered it a continuous offense. And because the government charged the defendant within five years of the last date he retained the property, there was no statute of limitations problem.