Judges: Per Curiam
Filed: Apr. 03, 2019
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted April 3, 2019* Decided April 3, 2019 Before JOEL M. FLAUM, Circuit Judge DAVID F. HAMILTON, Circuit Judge AMY J. ST. EVE, Circuit Judge No. 18-2888 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division. v. No. 1:17-cr-00063-1 KORI BR
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted April 3, 2019* Decided April 3, 2019 Before JOEL M. FLAUM, Circuit Judge DAVID F. HAMILTON, Circuit Judge AMY J. ST. EVE, Circuit Judge No. 18-2888 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division. v. No. 1:17-cr-00063-1 KORI BRO..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted April 3, 2019*
Decided April 3, 2019
Before
JOEL M. FLAUM, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
AMY J. ST. EVE, Circuit Judge
No. 18‐2888
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Northern District of
Illinois, Eastern Division.
v.
No. 1:17‐cr‐00063‐1
KORI BROADY,
Defendant‐Appellant. Charles R. Norgle,
Judge.
O R D E R
Kori Broady created an Employer Identification Number with the IRS for the
“Kuran Hadid‐El Estate” and named his alias, Xavier De Indios, as the executor. Later,
he established an Employer Identification Number for the “Kuran Hadid El Legacy
Trust” and identified “De Indios” as the trustee. Broady mailed tax returns to the IRS in
* We have agreed to decide the case without oral argument because the briefs and
record adequately present the facts and legal arguments, and oral argument would not
significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
No. 18‐2888 Page 2
the name of the estate and the trust, claiming large tax refunds. Although he managed
to obtain and deposit a check for $543,570, IRS special agents ultimately arrested him.
Representing himself at trial, Broady argued that he had never acted with fraudulent
intent because he believed the government owed him the money. A jury found Broady
guilty of two counts of mail fraud under 18 U.S.C. § 1341, two counts of filing false
claims with the IRS under 18 U.S.C. § 287, and one count of converting money
belonging to the United States under 18 U.S.C. § 641. The district court denied his
motion for a new trial. On appeal, he argues that he was deprived of a fair trial in
numerous ways. We affirm.
Broady first argues that prosecutors unfairly made “presumptive allegations of
false trusts, false estates and fake names”—essentially, he contends that the government
made improper, unsubstantiated remarks that prejudiced him before the jury. Broady
did not object to the remarks at trial, so under plain‐error review he must demonstrate
that prosecutors made “obviously or clearly improper” remarks that deprived him of a
fair trial and that the trial’s outcome probably would have been different but for the
error. See United States v. Durham, 766 F.3d 672, 684 (7th Cir. 2014). But the prosecutors
made no improper remarks, and ample evidence supported the fictitious nature of the
trust and estate, Broady’s use of aliases, and the falsity of the statements that Broady
made on the tax returns. Consider the confiscated IRS check alone (which, as Broady
himself points out, was in evidence). The check was issued to a non‐existent,
supposedly‐deceased person (“Kuran Hadid El”). The check was confiscated during
Broady’s attempt to deposit it into this non‐existent person’s account. And Broady
identified himself as “Xavier De Indios” to the IRS special agents who confiscated the
check. Even by itself, this more than justified the government’s numerous references to
false statements, fictitious entities, and aliases. To the extent that Broady intended
simply to argue that the evidence was insufficient to convict him, he does not come
close to overcoming the “heavy burden” of overturning a jury verdict in light of the
evidence in the record. See United States v. Curescu, 674 F.3d 735, 742 (7th Cir. 2012).
Broady also contends that the government “suppressed” exculpatory evidence
he wished to use to “substantiate the executorship of the estate.” Relatedly, he argues
that the district court lacked “personal jurisdiction” over him because the allegedly
fraudulent returns were filed by the trust and the estate, not by Broady individually.
These arguments are frivolous. Broady was indicted for his role in obtaining, or
attempting to obtain, tax refunds through fraud, and then converting the funds for his
personal use. The criminal indictment against him and his presence in the country
brought him squarely within the jurisdiction of the United States. 18 U.S.C. § 3231;
No. 18‐2888 Page 3
United States v. Benabe, 654 F.3d 753, 767 (7th Cir. 2011). That he created and used
separate entities to effectuate the scheme is irrelevant.
Broady also argues that the district judge deprived him of a fair trial by
exhibiting hostility toward him before the jury. To succeed, Broady must show that the
perceived hostility conveyed a bias, and that bias in turn prejudiced the jury against
him. See United States v. El‐Bey, 873 F.3d 1015, 1020 (7th Cir. 2017). But Broady does not
direct our attention to any specific conduct by the district judge in front of the jury, let
alone any that rises to the highly “unusual” level at which the atmosphere of
impartiality is destroyed. United States v. Betts‐Gaston, 860 F.3d 525, 536 (7th Cir. 2017).
Broady next contends that the district judge unfairly prevented him from
arguing that his religious beliefs provided a good‐faith defense to the charges. The
argument is confusing given Broady’s pretrial motions in limine to bar the government
from referring to his “religious affiliation,” which were deemed unnecessary in light of
the government’s representation that it did not plan to touch on religion at all. But,
given Broady’s many attempts to get a “good faith” defense into the trial record, we
will take him at his word that he sought to preclude evidence only of his affiliation with
a particular religious group—the Moorish Science Temple—while still arguing that his
beliefs, not fraudulent intent, drove his pursuit of tax refunds. It does not matter;
Broady was not entitled to argue good faith to the jury, or to obtain a jury instruction
about good faith, because he did not submit any evidence at trial about his beliefs. See
United States v. Fadden, 874 F.3d 979, 982 (7th Cir. 2017); United States v. Kokenis, 662 F.3d
919, 929 (7th Cir. 2011). Broady unsuccessfully attempted to question an IRS agent about
statements Broady made about “a bond initiated at his birth,” but he did not testify
about his state of mind, and he did not point to any circumstantial evidence of his
beliefs. The district judge had no obligation to entertain a good‐faith defense lacking
any evidentiary basis.
Broady’s remaining arguments are also frivolous. He argues that the district
court should have granted him a new trial because he obtained new evidence—two
letters he received from the IRS in response to his (false) report that a refund check had
been lost or stolen, that he admits to having in his possession during trial—showing
that an IRS witness gave false testimony. But to support the argument he merely
incorporates his new‐trial motion by reference, which is not permitted. See Norfleet v.
Walker, 684 F.3d 688, 691 (7th Cir. 2012). In any event, the government aptly points out
that Broady was not prejudiced by the absence of evidence of additional false statements
he had made to the IRS. Broady also contends the government selectively prosecuted
No. 18‐2888 Page 4
him based on his religious affiliation, but he provided no evidence of this, let alone the
“clear evidence” necessary to “displac[e] the presumption that the prosecution acted
lawfully.” Reno v. Am.‐Arab Anti‐Discrimination Comm., 525 U.S. 471, 489 (1999). Finally,
Broady provides no support for his contention that Judge Norgle should have recused
himself under 28 U.S.C. § 144 after supposedly exhibiting bias at the first status hearing
he held after taking over the case. The hearing consisted of rulings and case
administration matters, which are not fodder for claims of bias. Liteky v. United States,
510 U.S. 540, 555 (1994). Nor are expressions of impatience or annoyance. See id.
We have considered Broady’s other arguments, and none has merit.
AFFIRMED