## Facts

- Reginald J. Holzer served as a Cook County Circuit Judge (1967–1985), first in the law division and later in the chancery division.
- Over many years, Holzer repeatedly solicited purported “loans” from attorneys with matters before him and, in chancery, from equity receivers he appointed, citing financial distress.
- Holzer obtained about $200,000 from these sources and repaid less than $20,000.
- Example: After 22 personal-injury cases handled by attorney Gerald Morris were reassigned to Holzer, Holzer summoned Morris and requested immediate funds; Morris and his partner arranged a $3,500 “loan.”
- Example: From 1978–1983, Holzer obtained over $35,000 linked to receiver Ernest Worsek and Worsek’s friend; receivership appointments continued while payments continued, stopped when payments stopped, and resumed after further communications.
- Illinois required annual confidential judicial disclosures listing significant creditors and conflicts; Holzer did not disclose these creditors until after learning of an FBI investigation.
- In public reelection questionnaires (1974 and 1982), Holzer stated he never accepted contributions, gifts, or favors.
- A federal jury convicted Holzer of mail fraud (18 U.S.C. § 1341), Hobbs Act extortion under color of official right (18 U.S.C. § 1951), and RICO (18 U.S.C. § 1962), and he received an aggregate 18-year sentence.

## Issues

1. Whether the evidence supported mail fraud under 18 U.S.C. § 1341 based on a scheme by a judge to obtain money through undisclosed “loans,” depriving the public of honest and impartial judicial services, using the mails in furtherance of the scheme.
2. Whether the evidence supported Hobbs Act extortion “under color of official right” under 18 U.S.C. § 1951 where the payments were obtained from persons with matters before the judge, without proof of explicit threats or specific case outcomes.
3. Whether the RICO conviction could stand where the predicate acts included the charged mail fraud and extortion.

## Decision

- The Seventh Circuit affirmed Holzer’s convictions and sentence.
- The court held the evidence sufficient to support mail fraud as then recognized: a scheme to deprive the public of the intangible right to honest and impartial judicial services, furthered by mailings connected to maintaining office and concealing conflicts.
- The court held the evidence sufficient to support Hobbs Act extortion under color of official right because Holzer used the power and leverage of his judicial position to obtain payments not due to him.
- The court affirmed the RICO conviction because it was supported by the predicate acts proved at trial, including mail fraud and extortion.

## Legal Principles

- (Pre-McNally) Mail fraud may be proved by a scheme to deprive the public of an official’s honest services, when the mails are used in furtherance of the scheme.
- A public official’s repeated solicitation and receipt of undisclosed, irregular “loans” from persons with matters before the official can support an inference of corrupt intent and a fraudulent scheme, especially when accompanied by concealment and false statements.
- Hobbs Act extortion “under color of official right” is established when a public official obtains payments by virtue of office; proof of explicit threats, fear, or a demonstrated change in specific official acts is not required.
- In reviewing sufficiency of the evidence, the court defers to reasonable jury inferences drawn from patterns of conduct, the absence of ordinary loan indicia, linkage to official benefits (such as appointments), and concealment.

## Conclusion

The court upheld convictions where a judge used his position to solicit and obtain concealed financial benefits from lawyers and court appointees, concluding that the pattern of “loans” and related concealment supported mail fraud (as then construed), Hobbs Act extortion under color of official right, and RICO.


United States v. Holzer, 816 F.2d 304 (7th Cir. 1987)