US v. James — criminal — affirmance — Smith

The Third Circuit today upheld a district court’s ruling a Virgin Islands legislator may be tried for fraud and embezzlement, rejecting the defendant’s argument that his alleged conduct (skimming and phony billing in connection with a legislative project, basically) was protected by legislative immunity.

Joining Smith were McKee and Scirica. Arguing counsel were Vijay Shanker of the DOJ Appellate Section for the government and Brandan Hurson of the USVI FD for the defendant.

[Note: my original post incorrectly stated that the court upheld the defendant’s convictions, but this was an interlocutory appeal and he has not been tried yet. My thanks to Howard Bashman for pointing out the error to me.]