Kenneth Harvey was a civilian employee with U.S. Army Intelligence and Security Command (INSCOM) which entered into a contract with Program Contract Services, Inc. (PCS). PCS was wholly owned and controlled by Michael Kronstein, a long-time friend of Harvey. In setting up the contract between INSCOM and PCS, Harvey made numerous misrepresentations about PCS's ability to handle the job. Harvey stated that PCS had the personnel to handle the job when the company did not even have the minimum number of necessary employees. Harvey also said that PCS was the only company capable of handling the job in the area; there were actually hundreds of other capable companies.
Throughout the duration of the contract, PCS received $4,795,265.79 from INSCOM. Beginning in the fall of 1999, money was transferred from PCS accounts to a convenience store owned by Kronstein. Transfers were also made from PCS to businesses owned by Harvey in amounts totaling $43,000. In 2006, Harvey left INSCOM, allegedly to work for another company. In reality, Harvey began working directly for PCS.
Harvey and Kronstein were indicted on two counts of wire fraud and one count each of bribery. The trial court convicted both men. On appeal, the men both argue that the government lacked direct evidence of an intent to defraud and/or bribery. The government argues that intent to defraud can be inferred from the circumstances. Are the circumstances in this case sufficient to establish intent to defraud?