Doug Evans, Wire Fraud, Ohio 2018

CINCINNATI, Ohio - A Cincinnati businessman has been dealt a crushing blow as his conviction for wire fraud has been upheld by the United States Sixth Circuit Court of Appeals.

Doug Evans and his landscaping company, Evans Landscaping Inc., were tried and convicted in December 2018 of two counts of conspiracy to commit wire fraud and three counts of wire fraud. The scheme involved securing government contracts through a shell company.

The defendants were found guilty of defrauding the City of Cincinnati and other public entities by fraudulently obtaining contracts reserved for small and minority businesses.

Evans was sentenced to 21 months in prison in January 2020. His company, Evans Landscaping, was ordered to pay half a million dollars in fines.

In his appeal, Evans challenged the denial of his motion to suppress evidence, the District Court's handling of various trial issues, and the jury instructions provided at the end of the trial.

The Court of Appeals upheld the denial of Evans' motion to suppress evidence, stating that it was in accordance with his Fourth Amendment rights. The court also upheld the use of emails as business records, which were exempt from the hearsay rules.

The defense's argument that the jury instructions were incorrect was rejected by the Court of Appeals, stating that the defense did not object to the instructions at the time and that the evidence clearly established the defendants' involvement and intent.

Evans is scheduled to report next month to serve his prison sentence.

In a statement, Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio, announced that the appellate opinion upholding the conviction is a significant victory for the people of Cincinnati.

Doug Evans, 71 months in prison, wire fraud, conspiracy to commit wire fraud, December 2018, $250,000 fine for Evans Landscaping Inc.

Source: https://www.justice.gov/usao-sdoh/pr/court-appeals-upholds-evans-landscaping-convictions