Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:19-cr-20626-1—Nancy G. Edmunds, District Judge.
Argued: October 20, 2022
Decided and Filed: January 18, 2023
Before: COLE, GIBBONS, and BUSH, Circuit Judges.
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OPINION
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JOHN K. BUSH, Circuit Judge. Defendant Emanuele Palma was indicted for several
crimes, including conspiracy to commit wire fraud. The indictment alleges that Palma and others
conspired to falsify test results for a new diesel engine and market these engines as
environmentally friendly, meeting regulatory standards, and “best-in-class” compared with other
diesel engines. The district court dismissed this count since, in its view, the property loss by
consumers was too far removed from the falsified test results, which, the court reasoned, were
meant to deceive regulators. Because Palma is only charged with conspiracy, not wire fraud
itself, and because the indictment alleges adequate facts tying Palma to a fraudulent scheme, we
REVERSE. |