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Jury Instruction Misled Jury by stating that an "Official Act"  Existed  as a Matter of Law  

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Greg E. Lindberg and John D. Gray were convicted of honest services  fraud and federal funds bribery in connection with a series of payments  and offers of payment, in the form of campaign contributions, made to  Mike Causey, the elected Insurance Commissioner for North Carolina. The  jury found that these payments were made in exchange for Causey  assigning a different Deputy Commissioner to oversee the affairs of  Lindberg\'s insurance companies.  

In United States Of America v. Greg E. Lindberg, Nos. 20-4470, 20-4473,  United States Court of Appeals, Fourth Circuit (June 29, 2022) the  Fourth Circuit granted a new trial  FACTS  Greg E. Lindberg served as chairman of Eli Global LLC, an investment  company, and as owner of Global Bankers Insurance Group, an insurance  management company, during the relevant period from April 2017 to August  2018. Lindberg owns several insurance businesses subject to regulation  in North Carolina. John D. Gray worked as a consultant for Lindberg  during the relevant period. Lindberg and Gray ("defendants") were  convicted of conspiring to commit honest services wire fraud and federal  funds bribery for offering millions of dollars in campaign  contributions to Mike Causey, the Commissioner of the North Carolina  Department of Insurance, in exchange for the reassignment of a Senior  Deputy Commissioner assigned to review Lindberg\'s insurance companies.  In November 2016, Mike Causey was elected as North Carolina\'s  Commissioner of Insurance. Several weeks after he was elected, Causey  was scheduled to meet with Lindberg and other members of Eli Global\'s  leadership. Prior to the meeting, he received a phone call from his  campaign treasurer notifying him that he had received a $10,000 donation  from Lindberg. Causey testified that he thought the contribution was  "unusual" both because of the size and the timing, and he decided to  return the donation. At the meeting, Gray explained that Eli Global was  in the process of purchasing another insurance company based in Michigan  and asked Causey to call his counterpart in Michigan "to put in a  positive word." Causey agreed and made the phone call.  Causey testified at trial that Gray then called him to state that  OFLindberg had donated $500,000 to the North Carolina Republican Party  ("NCGOP") with $110,000 to be sent to Causey\'s campaign and that Gray  and Lindberg wanted to host a fundraiser for Causey in December. Causey  later reached out to the Federal Bureau of Investigation ("FBI") to  express concerns about these offers of donations and agreed to cooperate  with an FBI investigation into Lindberg and his associates.  Over the course of several meetings, they discussed Lindberg creating an  independent expenditure committee and donating substantial amounts,  between $500,000 and $2,000,000 to Causey\'s reelection campaign. The day  after the meeting, Causey\'s campaign received $230,000 from the NCGOP.  In total, Causey received $250,000 in donations funneled through the  party. 

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