United States v. John Vitillo, Vitillo Corporation and Vitillo Engineering, Inc.

OPINION

ROTH, Circuit Judge:

In this white collar criminal case, we address the scope of 18 U.S.C. § 666, which prohibits theft from programs, receiving federal funds, by agents of the organizations which administer those programs. Specifically, we consider whether an independent contractor with managerial responsibilities may be an “agent” under § 666.

John Vitillo, Vitillo Corporation, and Vi-tillo Engineering, Inc., were charged with several counts of theft, in violation of § 666(a)(1)(A), and conspiracy. A federal jury convicted each defendant on all counts. Defendants filed a Fed. R. CRim.…