Post 4907
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In United States Of America v. Ronnell Bowman and Ronnie Jackson, Nos. 23-CR-77-1-JPS, 23-CR-77-15-JPS, United States District Court, E.D. Wisconsin (October 7, 2024) Defendants Ronnell Bowman (“Bowman”) and Ronnie Jackson (“Jackson”) (together, “Defendants”) who were charged with conspiracy to commit murder for hire and using a firearm during the commission of that offense, with participating in a conspiracy to possess, sell, or transfer firearms in various illegal ways and charged with both substantive mail fraud and mail fraud conspiracy.
Each defendant, a month before trial, filed multiple motions including they moved for a bill of particulars, requesting further information about acts they allegedly committed in furtherance of one or more of the conspiracies in which they allegedly participated; each moved to sever the charges of conspiracy to commit murder for hire and use of a firearm during that offense from the other charges that they are facing, Jackson moved to compel disclosure of any reports by and the identities of cooperating witnesses, Jackson moved to dismiss the firearms conspiracy charge, and each moved to strike language in the Indictment as prejudicial surplusage, and a scheme to defraud the United States to obtain millions of dollars in COVID-19 unemployment insurance benefits to which they were not entitled.
BACKGROUND
The introductory section of the Indictment alleges that Defendants and others were members of a street gang-the Wild 100s-in the Milwaukee, Wisconsin area, and as part of that gang engaged in crimes of violence, gun and drug offenses, fraud, and other criminal activity.
The Government specifically characterizes the gang activity used the fraud proceeds to fund their gang-related activities, including engaging in multiple firearms offenses and soliciting a murder-for-hire. Since the grand jury returned the Indictment in April 2023, the Government has turned over a large amount of discovery material to Defendants and their co-defendants, representing in March 2024 that it completed its discovery production.
ANALYSIS
Defendants’ Motions for Bill of Particulars
A bill of particulars is unnecessary where the indictment sets forth the elements of the charged offenses and provides sufficient notice of the charges to enable the defendant to prepare his defense
The case is set for trial about a month from now.
Defendants’ Motions to Sever Counts
Mail fraud is obviously different than firearm offenses and murder for hire, requiring the Government to prove different elements and to present different evidence. The Court accordingly disregards Defendants’ arguments that joinder is improper on this basis.
The Government’s factual proffer in its opposition brief-in which it indicates that it will introduce testimony that illustrates a direct link between Defendants’ participation in a fraud scheme with their participation in murder for hire and firearms offenses.
While it is true that the mere fact that two conspiracies have overlapping memberships will not authorize a single indictment if the conspiracies cannot be tied together into one common plan or scheme. The Government has done more than just assert overlapping memberships here. The Government has asserted that other conspiracies flowed from and indeed were made possible by the initial mail fraud conspiracy. That, in the Court’s view, was sufficient to support joinder of all charges.
For all these reasons, the Court found that joinder of all charges asserted against Defendants is proper and will serve the interests of judicial economy by furthering efficient resolution of this case. The Court further rejected any argument that the charges should nonetheless be severed. The Government will not be able to prove the murder-for-hire offense by simply asserting that Defendants funded it with the proceeds of the mail fraud conspiracy; the Government will have to prove two distinct elements for Defendant to be convicted.
CONCLUSION
Each of Defendants’ motions was denied.
ZALMA OPINION
This case, going to trial shortly, against gang members, explains that violent criminals who enter into murder for hire schemes fund those schemes with fraud. The Covid-19 give-away schemes from the US Government with little or no controls was so easy that even gang members were able to get rich from the government programs and other types of insurance fraud to fund the purchase of firearms, machine guns, and engage in murder for hire activities. That they were arrested and will go trial on the fraud scheme should give the public some comfort that the government is getting around to fight fraud even if it is only part of a criminal conspiracy to murder.
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Gangs Involved in Fraud & Murder