Court rules against Evans Landscaping owner’s appeal attempts

Court rules against Evans Landscaping owner’s appeal attempts
Owner of Evans Landscaping accused of contract fraud, sentenced to 21-months

CINCINNATI (FOX19) - The Court of Appeals has ruled against a Cincinnati businessman’s attempt to overturn a 2018 conviction.

Doug Evans, the owner of Evans and Evans Landscaping Inc., filed an appeal challenging the denial of his motion to suppress evidence, the District Court’s handling of various trial issues, and the jury instructions provided at the end of the trial, according to the Acting U.S. Attorney Vipal Patel.

In 2018, Evans was convicted for conspiracy to commit wire fraud and wire fraud.

According to court records, Evans and other employees created a new company called Ergon Site Construction in 2008 to serve as a shell for Evans to secure minority contracts in Cincinnati and Ohio that were worth nearly $2 million.

In January of 2020, he was sentenced to 21 months in prison, and his company was ordered to pay $500,000 in fines, Patel explains.

He filed appeals to suppress evidence gathered in warrants, citing a violation of his Fourth Amendment rights, Patel says.

Evans also argued the case against him “was overwhelmingly built on emails,” which he claimed was hearsay, according to Patel.

The Acting U.S. Attorney said Evans also sought to appeal his convictions “based on specifics of the jury instructions given at the conclusion of trial.” The Court of Appeals rejected the argument because the defense didn’t object to the instructions at the time when being presented, Patal says.

The Court of Appeals dismissed all of those appeals on Thursday.

Evans has yet to begin his sentence. His report date to prison was delayed due to COVID-19.

He will report to prison on April 9 to begin his prison sentence, Patel says.

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