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United States v. Szymuszkiewicz

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ARGUED JUNE 2, 2010

Before EASTERBROOK, Chief Judge, and POSNER and KANNE, Circuit Judges.

David Szymuszkiewicz was in trouble at work. His driver’s license had been suspended for driving while drunk. This threatened his job because, as a revenue officer, Szymuszkiewicz was required to travel to delinquent taxpayers’ homes. He worried he might be fired. One response, a jury found, was to monitor email messages sent to his supervisor, Nella Infusino. She found out by accident when being trained to use Microsoft Outlook, her email client. She discovered a “rule” that directed Outlook to forward to Szymuszkiewicz all messages she received. Szymuszkiewicz was convicted under the Wiretap Act for intentionally intercepting an electronic communication. See 18 U.S.C. §2511(1)(a). The district judge denied his motion for a judgment of acquittal. 2009 U.S. Dist. LEXIS 60755 (E.D. Wis. June 30, 2009).

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