United States v. Mohamed

Elias Mohamed (defendant) was prosecuted for conspiracy to commit mail fraud arising from a scheme in which Ernest White sold translated commercial-driving-license test questions and answers to non-English-speaking applicants, with Osman Abdullahi supplying translations and White bribing a test administrator to ensure applicants passed; White testified Mohamed, who worked for Abdullahi, knew about the bribery arrangement and helped refer students to White. Although evidence also connected Mohamed to specific overt acts furthering the conspiracy, the judge instructed the jury it could convict Mohamed even without such proof, so long as it found he knowingly joined the conspiracy and that at least one conspirator committed an overt act. Mohamed was convicted and appealed the instruction.