Skrzypek v. United States, 062911 FED7, 10-2804

Docket Nº:10-2804, 10-2805
Party Name:JAMES R. SKRZYPEK and JANICE M. SKRZYPEK, Petitioners Appellants, v. UNITED STATES OF AMERICA, Respondent Appellee.
Judge Panel:Before JOHN L. COFFEY, Circuit Judge JOEL M. FLAUM, Circuit Judge DANIEL A. MANION, Circuit Judge
Case Date:June 29, 2011
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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JAMES R. SKRZYPEK and JANICE M. SKRZYPEK, Petitioners Appellants,

v.

UNITED STATES OF AMERICA, Respondent Appellee.

Nos. 10-2804, 10-2805

United States Court of Appeals, Seventh Circuit

June 29, 2011

NONPRECEDENTIAL DISPOSITION

Submitted June 29, 2011 [*]

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division., Nos. 1:07-cv-05753 & 1:07-cv-05754, Wayne R. Andersen, Judge.

Before JOHN L. COFFEY, Circuit Judge JOEL M. FLAUM, Circuit Judge DANIEL A. MANION, Circuit Judge

ORDER

James and Janice Skrzypek cheated the Chicago Housing Authority, the Internal Revenue Service, and several insurance companies out of millions of dollars. They were convicted of multiple crimes, including racketeering, 18 U.S.C. § 1962(c), mail and wire fraud, id. §§ 1341, 1343, bribing public officials, id. § 201(b), obstruction of justice, id. § 1503(a), and failure to remit withholding tax, 26 U.S.C. § 7202. Both defendants were sentenced to 90 months' imprisonment and ordered to jointly pay almost $3.5 million in restitution. After unsuccessful direct appeals, United States v. Skrzypek, 333 F.App'x 117 (7th Cir. 2009); United States v. Skrzypek, 219 F.App'x 577 (7th Cir. 2007), the Skrzypeks moved under 28 U.S.C. § 2255 to set aside their convictions on the ground that trial counsel had been ineffective in not seeking to suppress documents found in their garage during an allegedly illegal search. The district court denied their motions, and the Skrzypeks appeal. We affirm the decision.

The Skrzypeks owned several private security companies, including Federal Security, Inc. The CHA hired Federal Security to guard some of its housing projects. Although the company did not have enough guards to do the job, the Skrzypeks led CHA managers to believe that all posts were staffed and billed for these phantom employees. They also exaggerated the number of hours logged by the few guards who did work. And to cover their tracks, the Skrzypeks falsified their business records and bribed CHA employees to look the other way. Meanwhile, the Skrzypeks also pocketed taxes withheld from Federal Security employees and, in dealing with insurance carriers, understated the size of the workforce to reduce their payroll-based premiums for workers' compensation and liability policies.

On the day the Skrzypeks were indicted, a federal agent...

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