Full opinion text
SPRECHER, Circuit Judge. This appeal seeks review of the conviction of Thomas E. Keane, former Aider-man of Chicago’s Thirty-First Ward and Chairman of the City Council’s Committee on Finance, for violation of 18 U.S.C. § 1341 (mail fraud) and 18 U.S.C. § 371 (conspiracy). I On May 2, 1974, a 21-count indictment was returned against the defendant Keane. The indictment alleged a mail fraud scheme in violation of 18 U.S.C. § 1341 in which Keane would purchase through nominees, in some cases with advance information, tax delinquent properties at the Cook County scavenger sale in 1966; that these properties would be held in various land trusts without disclosure of the beneficiaries; that they would receive favorable treatment, in having certain encumbrances removed, by the City Council and its various committees and subcommittees, without disclosure of Keane’s interest in the properties and with Keane voting on matters that favorably affected his interest; that Keane would vote to authorize the acquisition of parcels in areas in which there were properties in which he had an interest and that he used his position and influence to aid in the sale of the properties to various private and governmental interests. The indictment went on to allege that the outlined scheme defrauded the City of Chicago, its citizens and Keane’s fellow aldermen of their right to the “conscientious, loyal, faithful, disinterested and unbiased services, decisions, actions and performance of official duties” by the defendant and their right to have the City’s business and its affairs conducted “honestly, impartially, free from deceit, craft, trickery, corruption, fraud, undue influence, dishonesty, conflict of interest, unlawful obstruction and impairments, and in accordance with the laws of the State of Illinois and the City of Chicago. . . . ” The indictment also charged Keane with conspiring with John Hennessey, Sr. [hereinafter Hennessey] and John Hennessey, Jr. [hereinafter Junior], both unindicted coconspirators, to violate the mail fraud statute in violation of 18 U.S.C. § 371. A Although the evidence is in places conflicting, the basic outline of the alleged scheme is sufficiently clear. In early 1965, a list of tax delinquent properties to be sold at Cook County’s scavenger sale scheduled for June 1966, pursuant to Ill.Rev.Stat. ch. 120, § 716a, was published. The purpose of this sale was to place property upon which taxes had not been paid for ten years back on the tax rolls by allowing the purchaser at the scavenger sale to obtain title clear of county tax liens by paying only current and the preceding two years’ taxes. In early April 1965, discussions commenced between Hennessey, Nathan Schwartz and the defendant concerning the formation of Alpine Investments to purchase properties at the 1966 scavenger sale for investment purposes. In connection with this venture there was established Chicago Title and Trust land trust No. 53129, into which properties acquired by Alpine were to be placed and in which all three partners had equal one-third beneficial interests. In preparation for the 1966 scavenger sale Alpine, the day-to-day operations of which were run by Hennessey, hired Junior, John Babbington and Vincent Schall to research the properties to be sold. Approximately a month prior to the sale, Keane, Hennessey and Junior met in Hennessey’s office to discuss the properties on which to bid. The three of them went through some of the Sidwell map books of the City and Keane made pencil comments on the borders of the map such as “No,” “check title, taxes, etc.,” “If nobody else buys,” “O.K.” “If cheap,” “NG,” “Page NG, but only for a song,” and “Check Park.” According to Hennessey’s testimony Keane said that they should buy all the lots they could in the 87th and Mackinaw area because the government was going to construct a big project there. Prior to the sale, the three partners, each of whom had invested approximately $100,000, arranged for a $300,000 loan at LaSalle National Bank to purchase scavenger sale properties, assuring the bank that it would be paid out of proceeds from the sale of lots acquired. When the loan was eventually called it was paid by a $275,000 loan from the Jefferson State Bank arranged by Keane. The scavenger sale began on June 6, 1966, and lasted for about five weeks. Hennessey participated in the sale for the first week and then left responsibility for Alpine’s bidding to Junior and Harry Rubenstein, an attorney for Alpine. Properties were bid for in the name of either John Hennessey, Sr. or Ada Sills, Rubenstein’s wife’s maiden name. Alpine was the second largest purchaser at the sale, purchasing 1,878 parcels of property at a total cost of $208,543. B In order to obtain clear title after the statutory two year period of redemption ran, it was necessary for Alpine to remove the special assessment liens against each parcel. Special assessments are a means of financing local improvements such as alleys, sewers, streets and other improvements which benefit the adjacent properties. Special assessment bonds are issued to the contractor evidencing his right to payment for the work performed. Bondholders are paid from the special assessment fund established to receive the payments from the private property owners and used to pay the principal and interest on special assessment bonds. According to the testimony at the trial no City funds are contributed to this fund, but the fund does pay to the City’s general corporate fund up to five percent of the original assessment, presumably to cover administration expenses. Bondholders, although having no direct action against the City, in the event of default may recover on the bonds by an action against the property. In order to remove the lien of the special assessment bondholders on the parcels it purchased, it was necessary for the Alpine partners, in the name of the land trust that held the property, to cause foreclosure proceedings to be instituted. In cases where there were outstanding bondholders this was accomplished by filing a “Request for Foreclosure of Special Assessment Liens.” For properties in Chicago, this application is forwarded to the staff of the Subcommittee on Special Assessments, a subcommittee of the Committee on Finance of the City Council, so that the Subcommittee can set a minimum bid to be made by the applicant at the subsequent foreclosure proceeding, commenced by the City of Chicago in the Circuit Court of Cook County. Although the judge could reject the minimum bid as inadequate or the bondholders could actually participate in the foreclosure sale thereby bidding the price up, in practice the minimum bid set by the Subcommittee invariably ended up as the purchase price. The money received from the sale is paid to the County Collector and transmitted through the special assessment fund to the bondholders. At all times relevant to this case the chairman of the Subcommittee on Special Assessments was Alderman Fifielski, who was appointed to the position by Keane. There was testimony that Hennessey met Fifielski in Keane’s outer office at City Hall and said “Alderman, we have some special assessments we would like to have foreclosures on. Would you call a meeting?” Fifielski subsequently held a meeting on June 26, 1970. The evidence clearly showed that prior to this meeting Fifielski had set minimum bids for foreclosures at 30 to 60 percent of the principal amount due on the special assessment bonds. At the June 26, 1970 meeting of the Subcommittee, almost all of the 32 parcels of property in which the defendant had an interest were assigned minimum bids of approximately 10 percent. The other procedure followed by the Alpine investors to obtain title clear of special assessment liens was “Compromise Offers in Lieu of Foreclosures.” In the early 1930’s the special assessment fund had redeemed a substantial number of bonds. Thus, some of the parcels in which the defendant had an interest were subject to liens for which there were no bonds outstanding. In this situation a property owner in order to clear the lien is required to settle the claim of the special assessment fund by making payment to it. If the comptroller, to whom application is made, determines that there are no outstanding bondholders, a compromise offer based on a standard formula is transmitted to the Subcommittee on Special Assessments. The compromise figure was always equal to “sales and costs” which Alderman Fifielski testified was the amount that the special assessment fund paid when it originally redeemed the outstanding bonds. In both the case of “Requests for Foreclosures of Special Assessment Liens” and “Compromise Offers in Lieu of Foreclosures,” the Subcommittee reports, with its recommendations, were inserted in the report of the Finance Committee, which at all times relevant to this case would be introduced to the full City Council by the defendant. After introduction of such reports, if there was no objection or debate desired, the matter would be referred to the omnibus bill and be voted on at the end of the day along with other matters. On numerous occasions the defendant Keane voted in favor of omnibus bills containing “Requests for Foreclosures” and “Compromise Offers in Lieu of Foreclosure” proposals relating to properties in which he had an interest. Keane never disclosed his interest in these properties -to his fellow aldermen. At trial the government called a number of aldermen, who testified that they would have voted against the proposals if they had known of Keane’s interest or would have demanded further investigation and debate on the matter. The defense produced a number of aldermen who testified that they would have voted the same way, even if they had known of Keane’s interest, assuming the properties in which he had an interest were accorded the same treatment as those in which he had no interest. C The final phase of the allegedly fraudulent scheme dealt with the disposition of Alpine and other properties owned by various land trusts, in which the defendant Keane had an equitable interest as beneficiary. The indictment alleged that Keane used undue influence and inside information in relation to the disposition of some of the properties. The undue influence charge is based on transactions with three governmental agencies. In May 1968, Keane voted in the City Council to authorize the Chicago Housing Authority (C.H.A.) to acquire properties located in the Englewood, Woodlawn and Lawndale areas of Chicago, notwithstanding the fact that Alpine had an interest in properties in these areas. Hennessey testified that he was with Keane during the summer of 1968 when Keane called Charles Swibel, Chairman of the C.H.A. and said “Charlie, this is Tom Keane. John Hennessey and I own some lots. We would like to have you buy some of them.” Hennessey, on Keane’s instructions, went to see Swibel. Keane denied ever requesting Swibel to purchase any lots. Eventually approximately 60 parcels were sold to C.H.A. Five parcels in which Keane had an interest were sold to the Chicago Dwelling Association (C.D.A.). C.D.A. is a non-profit corporation for which the C.H.A. acts as a purchasing agent. In the spring of 1968, Hennessey gave Gerald Broderick, a C.D.A. attorney, a long list of properties that he had available. Initially Hennessey was informed that the C.D.A. could not buy the lots because of improper zoning. On July 23, 1968, pursuant to instructions from Ira Bach, C.D.A. Executive Director, Broderick sent af letter to Robert Snow, the individual in charge of C.H.A. land acquisition, requesting C.H.A. to purchase some lots located on or near Watkins Avenue and stating that Bach had informed him (Broderick) that Swibel wanted the lots purchased “as swiftly as possible.” This letter was written during the same summer that Keane had asked Swibel to purchased some of Alpine’s lots. Broderick received a letter from Snow dated July 26, 1968, stating that the subject properties were not in an area designated by the City Council, and that the zoning was not suitable for C.H.A. needs and was not likely to be rezoned. Snow suggested C.D.A. use its own funds for acquiring the properties. After receiving this letter Broderick sent a memorandum to James Phillips, his immediate supervisor, restating the same problems raised in Snow’s letter and also indicating that the “per unit land cost is over twice what we normally pay.” Notwithstanding these problems, the five Watkins Avenue lots were acquired by C.D.A. in September 1968. The final transaction in which the government alleges undue influence involved sales to the Metropolitan Sanitary District (M.S.D.). M.S.D. threatened condemnation of 102 lots in which the defendant had an interest and offered to purchase them for $150 per lot. Thereafter, a meeting was held with Robert Wiss, an attorney representing M.S.D., Harry Rubenstein, attorney for Alpine, Hennessey and Keane. During the meeting Wiss indicated that the top appraisal was $700 per lot. Ultimately the lots were purchased by M.S.D for approximately $775 per lot. The primary transaction on which the government predicates its use-of-inside-information charge (as opposed to the undue-influence sales) is the sale of three lots to the Chicago Department of Urban Renewal (D.U.R.) in the 87th and Mackinaw area. As previously stated Keane had told Hennessey to acquire as much property as possible in this area because a big government project was going up. In August 1966, after the scavenger sale, the City made its first definitive public move by requesting $129,000 in federal funds under the Neighborhood Development Program to undertake a study to determine whether the area would qualify as an urban renewal project. Previously, there had been a great deal of public discussion concerning this area. In January 1967, the City Council with Keane voting in the affirmative, notwithstanding his interest in approximately 30 parcels in the area, designated the area “slum and blighted” and thereby authorized the D.U.R. to begin acquiring properties in the area. After a series of negotiations the D.U.R. eventually acquired three lots in which the defendant had an interest. The other transaction which the government states represents the use of inside information is the sale of Alpine and THAK lots to the Chicago Park District. In February of 1970, Keane gave Hennessey a copy of a “Chicago Park District inter-office correspondence” which Keane said had been given to him by Alderman Fitzpatrick, chairman of the City Council Committee on Buildings and Zoning. The correspondence indi-' cated that the Park District would condemn various properties owned by Alpine and THAK. Two years later, the lots specified in the inter-office correspondence were acquired by the Park District. In addition to public agencies there were sales to private parties as well. National Homes Corporation eventually acquired 75 lots after extensive negotiations with Keane and other Alpine partners and employees. United States Steel acquired five lots in the 87th and Mackinaw area not wanted by D.U.R. for $12,-500. Keane was referred to United States Steel by Lewis Hill and after contacting an old friend there, he was referred to the appropriate officers. The government introduced evidence at trial that on the parcels sold to M.S.D., D.U.R., C.H.A., C.D.A., Chicago Park District and National Homes Corporation, there was a gross profit of $167,471.30. On cross-examination it was determined that this figure did not include expenses to Alpine and THAK such as taxes, overhead and sales commissions to Junior. The defendant introduced evidence that Keane had a net loss of $26,032.07 for all transactions involving THAK and Alpine properties. Keane was found guilty by a jury of conspiracy and 17 counts of mail fraud. From this conviction the defendant appeals, citing four principal tters that he contends require reversal: (1) the evidence adduced at trial was insufficient as a matter of law to constitute a fraudulent scheme; (2) assuming the existence of a fraudulent scheme, the mailings were not in furtherance of that scheme; (3) the Illinois State statutes read to the jury were inapplicable to the facts of this case; and (4) the district judge made erroneous rulings on evidentiary and other trial matters. II The government alleged and introduced evidence of a fraudulent scheme involving the defendant — with respect to three general areas. (First] the government contends that it was improper for Keane to acquire properties at the 1966 scavenger sale, in some instances using inside information. TSeeond( that it was improper for Keane to' vote on matters in the City Council affecting land in which he had an interest without disclosing that interest, and in the case of “Requests for Foreclosures” tojreeeive preferential treatment. And (finally,) it was improper that the defendantTus e the influence of his office for his own personal benefit in the disposition of properties in which he had an interest, and that he sell parcels that he had acquired through the aid of inside information. The defendant, on the other hand, contends that there was no fraudulent scheme, that it was not improper for Keane to acquire parcels at the 1966 scavenger sale, that his actions in the City Council were pro forma votes on matters in which the City of Chicago had no interest, and finally that there was inadequate proof with respect to the undue influence and the advance information charge. In some respects we agree with the defendant’s position insofar as he suggests that certain actions to which the government attempts to attribute criminality were either not by themselves criminal or not supported by sufficient evidence to draw the inferences the government wishes us to draw. This does not mean, however, that in viewing the evidence in the light most favorable to the government, Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942), there was insufficient proof to establish an overall scheme violative of the mail fraud statute. It is not necessary for all aspects of an alleged scheme to be illegal in their separate parts, but rather only that the scheme viewed as a whole involve fraudulent conduct. Holmes v. United States, 134 F.2d 125 (8th Cir.), cert. denied, 319 U.S. 776, 63 S.Ct. 1434, 87 L.Ed. 1722 (1943); United States v. Brandom, 273 F.Supp. 253 (E.D.Wis.1967). The purpose of the mail fraud statute is to prevent the post office from being used to carry schemes to defraud into effect. Parr v. United States, 363 U.S. 370, 389, 80 S.Ct. 1171, 4 L.Ed.2d 1277 (1960). The two necessary elements for violation of the mail fraud statute are formation of a scheme with intent to defraud and the use of mails in furtherance of that scheme. United States v. Shavin, 287 F.2d 647, 649-50 (7th Cir. 1961). The statute includes a broad proscription of behavior for the purpose of protecting society. United States v. Owen, 231 F.2d 831 (7th Cir.), cert. denied, 352 U.S. 843, 77 S.Ct. 42, 1 L.Ed.2d 59 (1956). A specific violation of state law, although covered by the statute, United States v. Flaxman, 495 F.2d 344, 349 (7th Cir.), cert. denied, 419 U.S. 1031, 95 S.Ct. 512, 42 L.Ed.2d 306 (1974), is not necessary to obtain a conviction for mail fraud. United States v. States, 488 F.2d 761, 767 (8th Cir. 1973), cert. denied, 417 U.S. 909 and 950, 94 S.Ct. 2605, 41 L.Ed.2d 212 (1974); United States v. Edwards, 458 F.2d 875, 880 (5th Cir.), cert. denied, 409 U.S. 891, 93 S.Ct. 118, 34 L.Ed.2d 148 (1972). Rather the “[l]aw puts its imprimatur on . accepted moral standards and condemns conduct which fails to match the ‘reflection of moral uprightness, of fundamental honesty, fair play and right dealing in the general and business life of members of society.’ ” Blachly v. United States, 380 F.2d 665, 671 (5th Cir. 1967). Neither the ultimate success of the fraud nor the actual defrauding of a victim is crucial to a successful prosecution. United States v. Reicin, 497 F.2d 563, 571 (7th Cir.), cert. denied, 419 U.S. 996, 95 S.Ct. 309, 42 L.Ed.2d 269 (1974); United States v. George, 477 F.2d 508, 512 (7th Cir.), cert. denied, 414 U.S. 827, 94 S.Ct. 49, 38 L.Ed.2d 61 (1973); Shavin, supra at 651—52. With these basic principles in mind we turn separately to each of the three fundamental aspects of the scheme. A With respect to the acquisition of properties at the county scavenger sale, we believe that it was clearly improper and therefore actionable under the mail fraud statute for the defendant to make' use of inside advance information obtained by virtue of his official position for his own personal gain. See, e. g., United States v. Peltz, 433 F.2d 48, 52 (2d Cir. 1970), cert. denied, 401 U.S. 955, 91 S.Ct. 974, 28 L.Ed.2d 238 (1971); United States v. Groves, 122 F.2d 87, 90 (2d Cir.), cert. denied, 314 U.S. 670, 62 S.Ct. 135, 86 L.Ed. 536 (1941); United States v. Buckner, 108 F.2d 921, 926 (2d Cir.), cert. denied, 309 U.S. 669, 60 S.Ct. 613, 84 L.Ed. 1016 (1940). In United States v. Buckner where the defendants were in a fiduciary position with a group of bondholders, the court said: “[u]sing a fiduciary position to obtain secret profits based upon inside information is not only a breach of trust, but an active fraud on the bondholders.” Buckner, supra at 926. Similarly, in United States v. Groves the court said in reference to corporate officers that “there was certainly the use by a fiduciary of inside information to his own benefit and to the detriment of his cestui, which, when involving use of the mails, we have recently held to be within contemplation of the mail fraud statute.” Groves, supra at 90. Finally in United States v. Peltz, where a conspiracy to defraud was involved and the defendant was charged with receiving advance inside information from an employee of the S.E.C., the court said: “[p]ublic confidence essential to the effective functioning of government would be seriously impaired by any arrangement that would enable a few individuals to profit from advance knowledge of governmental action.” Peltz, supra at 52. These cases taken together show that advance dissemination and use of governmental information by a few individuals impairs the functioning of government and that when the use is made by a public official it amounts to a breach of a fiduciary duty which is clearly actionable under the mail fraud statute. Post v. United States, 132 U.S.App.D.C. 189, 407 F.2d 319, 329 (1968), cert. denied, 393 U.S. 1092, 89 S.Ct. 863, 21 L.Ed.2d 784 (1969); United States v. Dorfman, 335 F.Supp. 675, 679 (S.D.N.Y.1971), aff’d, 470 F.2d 246 (2d Cir. 1972), cert. dismissed, 411 U.S. 923, 93 S.Ct. 1561, 36 L.Ed.2d 317 (1973); United States v. Hoffa, 205 F.Supp. 710, 716 (S.D.Fla.), cert. denied, 371 U.S. 892; 83 S.Ct. 188, 9 L.Ed.2d 125 (1962). With respect to the acquisition of a significant number of parcels in the 87th and Mackinaw area, the evidence in its form most favorable to the government showed that while discussing what properties to acquire at the scavenger sale, Keane told Hennessey to buy in this area because a “big government project” was going up. Subsequently, 30 parcels in this area were purchased. Although the defense introduced evidence to show that discussions concerning urban renewal in this area had been going on for a decade, the government introduced evidence that it was not until August 21, 1966 (after the scavenger sale), that an announcement was made to the public that the area had definitely been designated to undergo study to see if it qualified for urban renewal. Thereafter, the area was designated by the City Council, with Keane voting in the affirmative, as “slum and blighted” and the D.U.R. began acquiring land in the area including three lots in which the defendant had an interest. Although the evidence is not overwhelming on the use of advance information charge, and it is possible to interpret the evidence as representing shrewd business judgment on Keane’s part, we cannot say that the jury was not entitled to believe that Keane made use of advance information to acquire substantial amounts of property in an area prior to the public announcement indicating that the area was being considered for urban renewal. This use of advance information by a public official as we have said violates the mail fraud statute. B The next aspect of the charged fraudulent scheme involved Keane’s participation in official City Council proceedings, without disclosure, on matters in which he had a financial interest. It is clear to us that one who breaches the public trust by Actively concealing a personal financial interest from the public and from a public body charged with the responsibility of passing judgment on matters [directly affecting that financial interest, and on which he serves and in which he participates in the formulation of the collective judgment of that body, pursuant to his official duties, may be prosecuted for mail fraud. Cf. United States v. Barrett, 505 F.2d 1091, (7th Cir. 1974), cert. denied, 421 U.S. 964, 95 S.Ct. 1951, 44 L.Ed.2d 450 (1975); United States v. Isaacs, 493 F.2d 1124 (7th Cir.), cert. denied 417 U.S. 976, 94 S.Ct. 3184, 41 L.Ed.2d 1146 (1974). As this court said in United States v. Isaacs, where a former Illinois governor was prosecuted for accepting bribes given in an effort to obtain more favorable racing dates “[t]he citizens of Illinois were defrauded of Kerner’s honest and faithful service as governor,” notwithstanding the fact that no actual pecuniary loss to the State of Illinois was shown. Isaacs, supra at 1150. Similarly, in United States v. Barrett, where the Cook County Clerk was found guilty of accepting money from a voting machine manufacturer for purchasing the City’s voting machines from the company, and where the insurance on those machines was placed through an agency that received 25 percent of the premiums paid by Cook County to the insurance carrier and passed on 15 percent of that amount to the defendant, the court quoted approvingly the language of the Isaacs decision finding a scheme that defrauds the public out of the honest and faithful services of a public official cognizable under the mail fraud statute. Barrett, supra at 1104. Finally, in Shushan v. United States, 117 F.2d 110 (5th Cir.), cert. denied, 313 U.S. 574, 61 S.Ct. 1085, 85 L.Ed. 1531 (1941), an indictment was sustained that alleged that a member of a public board used his influence to obtain approval for refunding bonds for a percentage of the profit without disclosing this interest, and that by reason of the secret interest of the board member the “Board was . . . deprived of [the] fair judgment of one of its members, who assiduously and corruptly influenced and persuaded the other members . . . .” Id. at 115. With respect to “Requests for Foreclosures of Special Assessment Liens,” as we stated in Part I B supra, prior to the June 26, 1970 subcommittee meeting, Alderman Fifielski had set minimum bids at 30 to 60 percent of the principal due on the outstanding special assessment bonds. At that meeting when 32 parcels of property in which the defendant had an interest were acted on, Fifielski set minimum bids of 10 percent. The defendants attempted to show through the testimony of Fifielski and the introduction of exhibits that subsequent to the June 26 meeting, low bids around 10 percent would be set if the application presented to the subcommittee did not have a proposed minimum bid, and that if it did, the amount of the proposed minimum, assuming it was greater than 10 percent, would be set. The evidence clearly showed, however, that this purported pattern was not followed consistently after the June 26 meeting. Defendant’s own exhibit showed that four parcels considered at the October 13, 1970 meeting of the Subcommittee had minimum bids of 59.6 percent notwithstanding the fact that no proposed minimum was included by the applicant. Also inconsistent with the defendant’s explanation is the Subcommittee’s meeting of January 21, 1971, for which the defense did not prepare a summary, although it prepared summaries for earlier and later meetings. Government counsel pointed to a number of parcels handled on that date for which no proposed bids were submitted by the applicant, but for which percentages were set well above 10 percent. Even if it were true that Alderman Fifielski, starting with the June 26, 1970 meeting, changed his policy with respect to minimum bids, it is quite clear that as of that date properties in which Keane had an interest received a lower percentage than applications submitted by others up to that time. Whether such a new policy was justified, perhaps under normal circumstances would be left to the judgment of the chairmen of the Special Assessment Subcommittee and the Finance Committee. This, however, should not have been the case when the new policy was to begin on a day when properties in which the chairman of the Finance Committee had an interest were to be considered. As of that date numerous aldermen testified that they would have considered in more detail the foreclosure requests which they approved had they known of Keane’s interest. In any event there was sufficient testimony to show that the 10 percent policy was not consistently applied after the June 26 meeting, and from which the jury could believe that Keane introduced and voted on proposals granting properties in which he had an interest special treatment. With respect to “Compromise Offers in Lieu of Foreclosures,” the evidence was weak that properties in which the defendant had an interest received more favorable treatment than property belonging to other members of the public. Regardless of this fact it still remains true that the defendant as Finance Committee Chairman introduced proposals with respect to properties in which he had an interest and thereafter voted on them without disclosing his interest. Keane owed a duty to the other aider-men to disclose his interest so that they could consider the propriety of compromising a lien of the City’s special assessment fund in favor of a City alderman. The fact that his properties may have received treatment which was the same as all other members of the public, and that he would have in all probability received this compromise offer even if he had disclosed his interest, does not change the fact that he did receive a benefit from the City Council’s action without ever informing his colleagues of his interest. The defendant contends that with respect to “Compromise Offers in Lieu of Foreclosures” the most the government has shown was a failure to disclose a personal pecuniary interest in matters presented before the City Council, and that this amounts to no more than constructive fraud, which is not actionable under the mail fraud statute. Epstein v. United States, 174 F.2d 754 (6th Cir. 1949). In Epstein the defendants, who were officers of brewing corporations, were charged with buying supplies from another company in which they had a financial interest at excessive prices. The court first held that there was insufficient proof that an excessive price was charged and that there was a fatal variance between the indictment and the subsequently adopted government theory that defendant’s failure to disclose their interest in the supply companies to their respective boards of directors was sufficient to constitute the fraud. Id. at 763. The court also stated that the receipt of money from another corporation by a director “without disclosure of interest to the board of directors does not constitute the perpetration of an active, intentional fraud upon his corporation where there is good faith, fair dealing, and benefit to the corporation of which he is a director.” Id. at 765. We do not believe that Epstein necessarily requires a holding that properties treated by the “Compromise Offer in Lieu of Foreclosure” procedure were not the subject of a fraudulent scheme. We note first that this court has recently distinguished the Epstein case. In United States v. George, 477 F.2d 508 (7th Cir.), cert. denied, 414 U.S. 827, 94 S.Ct. 49, 38 L.Ed.2d 61 (1973), the rationale of Epstein was not applied to a situation where the defendant, a buyer for Zenith did not disclose to that company that he was receiving a kickback from companies from which he purchased supplies for Zenith. The court after noting that the George defendant, unlike the Epstein defendant, was required to turn over his secret profit to the employer he defrauded, went on to state that non-disclosure in George was essential to the fraudulent scheme. While the comparison between George, and Epstein and the present case is difficult, because of the factual distinctions with respect to profit, we believe that the cases are not inconsistent with our conclusion that Keane’s conduct with respect to “Compromise Offers in Lieu of Foreclosures” was violative of the mail fraud statute. This case, unlike Epstein, involves a public official. In recent years the mail fraud statute in this circuit has been used increasingly with approval to prosecute public officials for violating the public trust and in effect depriving their constituents of their right to loyal, faithful and honest public service. Barrett, supra; United States v. Staszcuk, 502 F.2d 875 (7th Cir. 1974), rev’d in part on rehr’ing, 517 F.2d 53 (7th Cir. 1975), petition for cert. filed, 43 U.S.L.W. 3675 (U.S. June 24, 1975); Issacs, supra. In the factual circumstances of this case Keane’s failure to disclose to his fellow aldermen his interest in matters pending before the City Council coupled with his other actions amounted to “conduct which fails to match the ‘reflection of moral uprightness, of fundamental honesty, fair play and right dealing in the general and business life of members of society.’ ” Blachly, supra at 671. In addition this case involves more than “mere” non-disclosure. The evidence showed that Keane and his co-conspirators actively attempted to conceal the defendant’s interest by the use of nominees when purchasing property, and by the use of land trusts to hold the acquired parcels. It is also obvious that disclosure of Keane’s interest in properties subject to “Compromise Offer in Lieu of Foreclosure” procedures could have well led to discovery of Keane’s interest in properties subject to “Request for Foreclosure” procedures, which were clearly getting favored treatment. The defendant’s failure to disclose his interest affirmatively misled his fellow aider-men and the alleged scheme was of such a nature that it “depended for [its] success upon concealment and deception and could not conceivably [have] be[en] carried out by the guilty [party] without covering up the true facts.” Epstein, supra at 767. Finally, defendant contends that the City’s involvement in both procedures for clearing special assessment liens is minimal. He argues that in cases of “Requests for Foreclosures” only a minimum bid was set by the City Council, that this had to be subsequently approved by a court, and that the bondholders although receiving their payments from the special assessment fund, had no claim against the City for any unpaid amount on the bonds. In effect what the defendant asks us to hold is that the City Council’s action in approving “Requests for Foreclosures” had no effect and served no purpose — that the action by the Council was entirely superfluous. We refuse to so hold. While it may be true that with respect to sophisticated bondholders who generally made private deals with owners who were seeking foreclosure so that the amount of the minimum bid set by the Council made no difference, there are situations in which unsophisticated, nonprofessional individuals hold the special assessment bonds. These individuals especially, as well as professional bondholders, had the right to rely on the City Council to perform its function of setting a fair bid, one that reflected the fact that these bonds were not worth full value because of the long time they had been in default, but one that reflected the fact that they were still of some value. In this regard the City Council was to act as an arbiter by setting a minimally fair price, a proposition that with respect to properties in which Keane had an interest, was not always true. With respect to “Compromise Offers in Lieu of Foreclosures” we disagree with the defendant’s contention that the City Council’s action amounted to a nullity and that the City had no interest in these matters. “Compromise Offers in Lieu of Foreclosures” came about because the City, through the special assessment fund, during the depression, retired special assessment bonds. The defendant would have us believe that it made no difference whether the Fund ever received back any of the monies expended. This contention is belied by the fact that there existed a procedure to effect compromise offers for repayment to the Fund. While it is not clear how these funds are or will be used in the future, we cannot say that the City has no interest in using them again as it did in the depression or in some other manner. We therefore reject the defendant’s claim, made with respect to both “Compromise Offers in Lieu of Foreclosures” and “Requests for Foreclosures,” that these were pro forma matters in which the City had no interest and the voting on which, even without the disclosure of defendant’s interest, did not constitute fraudulent conduct. The fact that normally these were perfunctory matters left to the Subcommittee on Special Assessments and the Committee on Finance to handle because of their expertise and were routinely approved, is all the more reason why Keane should have disclosed his interest. Involved in this case were not votes on major policy issues, where even if disclosure of a personal interest was not made, there still would have been serious consideration given to the merits of a proposal by public officials. Instead we have a situation where other^" aldermen relied on the expertise and presumably the objectivity of Keane’s committee and the Special Assessment Subcommittee. Had they known that this objectivity did not exist, they would, as some testified, have requested further information and study regarding the proposals. It was this right to the de- ¡ fendant’s faithful service and the right ,! to be apprised of material circumstances with regard to the special assessment foreclosures and compromises upon which they voted, that Keane’s colleagues, and through them the public, were defrauded. c The final part of the alleged scheme was the disposition of the properties. In relation to this aspect of the scheme the government charged the use of advance information, which we considered in Part II A, supra, and the use of undue influence by the defendant. With respect to the use of undue influence the government offered evidence detailing the sale of properties to the C.H.A. and C.D.A. through Charles Swibel and the sale to M.S.D. See Part I C, supra. We have no doubts that use by a public official of his position and influence to obtain personal benefits can, under appropriate circumstances, constitute a fraudulent scheme in violation of the mail fraud statute. Bradford v. United States, 129 F.2d 274 (5th Cir.), cert. denied, 317 U.S. 683, 63 S.Ct. 205, 87 L.Ed. 547 (1942). Such conduct falls within the type condemned by United States v. Blachly, supra at 671. We have reviewed carefully the record in this case and we believe that with respect to the sale and attempted sale of certain properties to C.D.A., the evidence was sufficient for the jury to believe that Keane used undue influence. The evidence consisted of Hennessey’s testimony that Keane called Swibel and asked him to purchase some of their properties. Despite Swibel’s apparent anger at the request, properties were eventually acquired by C.D.A. pursuant to Swibel’s desire. These and other properties were acquired or considered for acquisition, according to the evidence, despite the fact they were improperly zoned, were unlikely to be rezoned, were outside a City Council designated area and were significantly more costly than similar properties acquired by C.D.A. From the evidence the jury could reasonably assume that Keane had put pressure on Swibel, and that his conduct was part of a scheme that was violative of the mail fraud statute. III The next major argument made by the defendant is that the mailings that are the basis of each count were not in furtherance of the alleged fraudulent scheme. Although it is not necessary that a scheme contemplate the use of the mails as an essential element, Pereira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 98 L.Ed. 435 (1954), it is necessary that the alleged mailing be “for the purpose of executing the scheme, as the statute requires.” Kann v. United States, 323 U.S. 88, 94, 65 S.Ct. 148, 151, 89 L.Ed. 88 (1944). Each mailing that forms a basis for a count must be in furtherance of executing the fraudulent scheme. United States v. Maze, 414 U.S. 395, 94 S.Ct. 645, 38 L.Ed.2d 603 (1974); Staszcuk, supra at 880; Isaacs, supra at 1151-52. In addition, it is not necessary to establish a violation of the mail fraud statute that the defendant actually mailed anything himself, but it is sufficient if he caused it to be mailed, or does an act with knowledge that the use of the mails will follow in the ordinary course of business or that it can reasonably be foreseen. Pereira, supra at 8-9. We note at the outset of this section that the government alleged and offered evidence that there was one overall scheme to obtain property, clear special assessment liens and dispose of properties. Criminality, with respect to any phase, as discussed in Part II, supra, is sufficient assuming that the count mailing in question dealt with a general aspect of the whole scheme or with properties which were the subject of some fraudulent part of the scheme. A The first of three groups of mailings deals with the receipt of proceeds from the fraudulent scheme. Since the scheme would have no value without the sale of the properties, all the mailings relating to the negotiations and the ultimate sale of properties either acquired by virtue of inside information, subject to City Council action in which the defendant participated to clear special assessment liens or disposed of through the use of undue influence, are proper counts. A mailing in furtherance of the collection of proceeds from a fraudulent scheme is sufficient under the mail fraud statute. Pereira, supra at 8; United States v. Britton, 500 F.2d 1257, 1259 (8th Cir. 1974). The Counts VI and XIX letters dealt with a problem in the proposed sale of properties, some of which had been the subject of City Council action, to National Homes Corporation. Resolution of this problem was essential to the eventual sale. The Counts VIH, XIV, XV and XX mailings all dealt with the offer and acceptance of real estate contracts between the Alpine partners and United States Steel. The properties that United States Steel purchased, although apparently not subject to City Council action to remove special assessment liens, were among the group that was purchased by the Alpine partners pursuant to advance information about the 87th and Mackinaw development project. Count II involved a letter from the City offering to purchase from the Alpine partners a lot obtained because of advance information about the 87th and Mackinaw development project. Count IV involved a sale of parcel, which had been subject to City Council action, to C.H.A. The letter referred to matters necessary to complete the sales transaction. Count XII involved a letter dealing with the acquisition of property, not subject to City Council action, by C.D.A. From all the evidence the jury could believe that the C.D.A.’s acquisition of this parcel was attributable to Keane’s use of undue influence on Swibel. Only the Count I mailing in this group is insufficient to sustain a conviction. That letter was merely an acknowledgment of payment from Hennessey to Leon Mayer, a purchaser of Alpine lots. The acknowledgment served no purpose in the fraud and was not connected with the collection of proceeds from the fraud. See, e. g., United States v. Isaacs, 364 F.Supp. 895, 903 (N.D.Ill.1973), aff’d, 493 F.2d 1124 (7th Cir.), cert. denied, 417 U.S. 976, 94 S.Ct. 3184, 41 L.Ed.2d 1146 (1974). Accordingly, the conviction on Count I is reversed. B The second major area into which the account mailings have been classified are those relating to financing the scheme. The Count III mailing is a letter from Hennessey, which accompanied a check for $35,000 to the Jefferson State Bank in partial payment due on the loan of the Alpine partners. The beneficial interest of Alpine’s land trust No. 53129 was assigned to the Jefferson State Bank as collateral. Thus, repayment of the money borrowed to purchase the parcels was necessary to prevent the fruits of Alpine’s venture from being lost to the Jefferson State Bank. Continuation of ownership so that the parcels could be disposed of for a profit, was essential to the overall scheme. The mailings of Counts XI and XIII, however, stand on a different footing. Both letters involve mailings by Bernard Feinberg, President of the Jefferson State Bank to Hennessey acknowledging payments on the loan. The government’s argument that keeping the loans current worked to the benefit of the co-conspirators may well be true, but it still does not make the acknowledgments received from the bank an integral part of or in furtherance of the scheme. United States v. Isaacs, 364 F.Supp. at 903. The convictions on Counts XI and XIII are reversed. C The final area in which the count mailings have been classified are those in furtherance of concealment of the fraudulent scheme. See, e. g., United States v. Joyce, 499 F.2d 9, 18 (7th Cir.), cert. denied, 419 U.S. 1031, 95 S.Ct. 512, 42 L.Ed.2d 306 (1974). The Count VII mailing was a letter from a trust officer at Chicago Title and Trust to Nathan Slutzky granting permission to the latter to file an appearance in foreclosure of special assessment cases involving Chicago Title and Trust land trust No. 53129 in which Alpine properties were held. While it is probably true, as the defendant argues, that it did not make much difference who represented the Alpine interest at the various Subcommittee meetings, obtaining an attorney for such representation was undoubtedly necessary and also allowed Keane, although a lawyer, to avoid representing the Alpine partnership himself, thus keeping his interest secret. The Count X mailing is an invoice from the trust department of the Illinois State Bank seeking compensation for services rendered in relation to Land Trust No. 149. This land trust held properties that were accorded favorable treatment at the June 26, 1970 meeting of the Subcommittee on Special Assessments. Payment of trust fees, as requested by the invoice, played a direct role in keeping Keane’s interest undisclosed. Counts XVI and XVII involved letters from the trust department of the Illinois State Bank in response to Hennessey’s request for an accounting of what properties remained in Land Trust No. 149 and 139. At various times both trusts contained properties which had been accorded preferential treatment by the City Council. A reply in response to a letter seeking information as to whether any of these properties remained, so presumably they could be sold, is in furtherance of the scheme. IV The defendant next challenges the use by the government of certain Illinois statutes and a rule of the City Council, and the reading of them to the jury, all of which defendant argues either do not apply to him or were not violated by his actions. Having previously concluded that even without reference to the challenged material that the scheme in which Keane was involved was violative of the mail fraud statute, in this section it is only necessary to consider whether the statutes and City Council rule were totally inapplicable to this case and so prejudicial so as to require a reversal. The district judge prefaced his reading of the Illinois statutes and the City Council rule with the following: In deciding whether the defendant defrauded the City of Chicago and its citizens and Keane’s fellow aldermen of their right to the loyal and faithful services of the defendant Keane and of their right to have the City’s business and its affairs conducted honestly and free from conflict of interest in accordance with the laws of the State of Illinois and the City of Chicago, you may consider the Illinois statutes and Rule 14 of the Rules of Order of the City Council of the City of Chicago that I am going to bring to your attention. Following the reading of the statutes and rule the judge instructed: Now, the existence of such laws and the City Council rules serve to define the standard of conduct expected of the defendant Keane by the citizens of Chicago and the defendant’s fellow aldermen. You may consider them for that purpose. The existence of such laws and City Council rules may also be considered by you as relevant to the defendant’s intent to defraud if any such intent existed. Although the defendant objected initially to the reading of the statutes and rule, once the trial judge decided they would be read, defendant’s counsel approved the above instructions. We were directed to no point in the record where the defendant requested that the Illinois statutes and City Council rule be further explained to the jury. Therefore, we consider whether the failure to explain them further was plain error and thus reversible without objection below. Fed. R.Crim.P. 52(b). There is no rule that the reading of a statute as part of a charge to the jury is per se insufficient. See generally Casella v. United States, 449 F.2d 277, 283 (3d Cir. 1971), cert. denied, 405 U.S. 929, 92 S.Ct. 981, 30 L.Ed.2d 803 (1972); United States v. Powell, 145 U.S.App.D.C. 332, 449 F.2d 994, 998 (1971). This is even more true where, as here, the statutes and rule were only one aspect of the whole case rather than the basis of the charges against the defendant. Complete instructions as to what actions can constitute a fraudulent scheme under the mail fraud statute without reference to the Illinois statutes and City Council rule were given. The statutes and rule were offered to show the general conduct expected of the defendant, so that the jury could better determine if there was a fraudulent scheme. While it might have been helpful to the jury to give a more detailed explanation of the state laws and Council rule, we cannot say it was plain error not to do so. The only question that remains with respect to the state statutes and the City Council rule is whether it was error for them to be judicially noticed, and presented to the jury. Ill.Rev.Stat. ch. 24, § 3-14-4 provides that no municipal officer shall be interested in the purchase of any property sold for taxes or assessments. On its face the provision would appear to bar Keane from participating in any scavenger sale where property was being sold for taxes in Illinois. While we might be persuaded to agree with the defendant that such a broad reading of the statute would be beyond the obvious legislative purpose of avoiding conflict of interests, we nevertheless believe that a reasonable interpretation of the statute would have barred Keane from participating in the 1966 Cook County scavenger sale where a large number of parcels to be sold were located within Chicago. The next statute of which the defendant complains is IIl.Rev.Stat. ch. 102, § 3 which prohibits any public official from being interested in any contract upon which such officer may be called upon to vote. This is a classic conflict of interest statute. The government’s position is that “compromise offers” and “minimum bids” were in effect agreements between the City and Keane on which he was required to vote. Thus, Keane was in a classic conflict of interest situation. Without deciding that a state court would apply this statute to this situation, it is sufficient to say that the jury was free to accept the defendant’s argument that no contract was really involved because of the pro forma nature of the transaction and the alleged ministerial functions of the City Council. The introduction of the statute, however, was not reversible error. Another Illinois statute which was judicially noticed and read to the jury and of which the defendant complains is Ill.Rev.Stat. ch. 102, § 3.1 which compels disclosure of all beneficial owners of property sold to any local governmental unit. The defendant argues that the statute imposed a duty only on Hennessey to disclose the beneficial owners, since he was the managing agent of the properties. The government responds that a conspiracy was alleged in the indictment, and that Hennessey’s failure to disclose Keane’s interest in writing, so as to keep it from public view, is attributable to the defendant. A co-conspirator need not have knowledge of every detail of the plan. See, e. g., Blumenthal v. United States, 332 U.S. 539, 557, 68 S.Ct. 248, 92 L.Ed. 154 (1947); United States v. Fellabaum, 408 F.2d 220, 224 (7th Cir.), cert. denied, 396 U.S. 818 and 858, 90 S.Ct. 55, 125, 24 L.Ed.2d 69, 109 (1969). Under these circumstances it was not error to read section 3.1 to the jury so it would be apprised of the fact that it was the policy of Illinois to require disclosure of interests in transactions conducted with public agencies. The final statute, the reading of which the defendant objects to, is Ill.Rev.Stat. ch. 38, § 33 — 3 which provides that a public officer commits a misdemeanor when he “[k]nowingly performs an act which he knows he is forbidden by law to perform.” Our disposition with regard to the previous statutes makes it clear that the reading of this statute was not error. In addition to objections to the Illinois statutes, the defendant also objects to the reading of City Council Rule 14 which provides: Every member who shall be present when a question is stated from the Chair shall vote thereon, unless excused by the Council or unless he is personally interested in the question, in which case he shall not vote. The last sentence, which is mandatory in nature, on its face belies defendant’s contention that the rule was directed only at requiring aldermen to vote on all matters and not directed at conflict of interests. The defendant makes similar arguments with respect to the rule as he made in connection with his effort to show that no fraudulent scheme against the City was involved. See Part II B, supra. For the same reasons we gave in rejecting defendant’s claim earlier, it is clear that the reading of this rule was not erroneous and was properly admissible to show a standard of conduct expected among aldermen and to show Keane’s fraudulent intent. We conclude that it was not error for the district judge to judicially notice and then present to the jury the previously discussed Illinois statutes and City Council rule. V The defendant’s final contentions raise challenges with respect to certain evidentiary rulings and other matters which arose during the course of the trial. A The defendant argues that he was wrongfully deprived of a random assignment of a trial judge by the action of the Executive Committee of the Northern District of Illinois in assigning the case to Judge Decker pursuant to their procedures for handling “protracted, difficult or widely publicized cases.” General Order, Northern District of Illinois, Eastern Division (May 17, 1972). For the reasons stated by the Executive Committee in its memorandum opinion, United States v. Keane, 375 F.Supp. 1201 (N.D.Ill.1974), we find the defendant’s argument without merit. See also United States v. Braasch, 505 F.2d 139, 147 (7th Cir. 1974), cert. denied, 421 U.S. 910, 95 S.Ct. 1562, 43 L.Ed.2d 775 (1975). B The next claimed error is with respect to the letter from Gerald Broderick, an attorney for C.D.A., to Robert Snow, land acquisition director for C.H.A., dealing with the acquisition of property by C.H.A. for C.D.A. use. See Part I C, supra. The challenged portion of the letter read “Mr. Bach [C.D.A. Executive Director] informed me [Broderick] that Mr. Swibel [C.H.A. Chairman and C.D.A. Director] told him to purchase these lots as swiftly as possible. . . . ” The letter was introduced in support of the government’s claim that Keane used undue influence on Swibel in order to have certain lots purchased. A writing is a business record if it was made in the regular course of business and it was the regular practice of such business- to make such a record. 28 U.S.C. § 1732. It is clear that a letter from one party to another, if done in the normal course of business can qualify as a business record. See United States v. Kelly, 349 F.2d 720, 772-73 (2d Cir. 1965), cert. denied, 384 U.S. 947, 86 S.Ct. 1467, 16 L.Ed.2d 544 (1966); Grummons v. Zollinger, 240 F.Supp. 63 (N.D.Ind. 1964), aff’d, 341 F.2d 464 (7th Cir. 1965). It is also clear from all of the testimony concerning the relationship between C.H.A. and C.D.A., that the letter in question met the above requirements. The thrust of defendant’s challenge is directed at the fact that Broderick’s letter purports to repeat what Swibel told Bach as related by Bach to Broderick. The fact that Broderick, who was in effect the maker of the record, was told something by Bach does not render the record inadmissible. Many business records are made by the entry of data related by one employee either orally or through memorandum to another employee responsible for record-keeping. In this case, unlike the cases on which the defendant has relied, Bach was under a “business duty” to report accurately to Broderick since the acquisition of land was an integral part of C.D.A.’s functions. United States v. Karnap, 477 F.2d 390, 392 (4th Cir.), cert. denied, 414 U.S. 867, 94 S.Ct. 66, 38 L.Ed.2d 87 (1973); United States v. Smith, 452 F.2d 638, 640 (4th Cir. 1971), cert. denied, 406 U.S. 910, 92 S.Ct. 1617, 31 L.Ed.2d 822 (1972). In addition, Broderick’s letter was contemporaneous with Bach’s report to him and there appears to have been no motive to misrepresent on the part of either Bach or Broderick. V J. Wig-more, Evidence, §§ 1526, 1527 (3d ed. 1940). The defendant argues, however, that Bach could not have Broderick include on the “business record” the fact that Swibel told him to “purchase these lots as swiftly as possible. . . . ” because it is hearsay and Bach could not have testified as to what Swibel told him. We disagree. Whether any given out-of-court statement is hearsay depends on the issue for which it is offered. In the present case the ultimate issue is whether Keane used his influence on Swibel, with the particular testimony intended to show that after Keane talked with Swibel that Swibel took action to have the lots purchased. In one sense Swibel’s statement is similar to an order, and is not capable of being true or false, and thus it is not offered for the truth of any matter asserted. It is offered solely for the fact that the statement was made, which standing by itself makes it relevant on the question of whether Keane had requested Swibel to purchase some of his properties. To the extent that Bach’s statement carries with it an implied assertion that Swibel desired or intended to have the lots purchased, it represents a declaration of his state of mind, capable of being shown only by Swibel’s statements and subsequent actions and thus is admissible as an exception to the hearsay rule. VI Wigmore, supra § 1729; C. McCormick, Law of Evidence, § 294-95 (1972). There was no error in the intro