The following excerpt is from U.S. v. Bueno-Risquet, 799 F.2d 804 (2nd Cir. 1986):
This portion of the jury charge was erroneous. Although it is well settled that anticipated income may serve as circumstantial evidence of income actually gained by a defendant, see United States v. Chagra, 669 F.2d 241, 257 (5th Cir.), cert. denied, 459 U.S. 846, 103 S.Ct. 102, 74 L.Ed.2d 92 (1982); see also United States v. Ayala, 769 F.2d 98, 102 (2d Cir.1985), the plain language of the statute indicates that the element to be proved is income actually obtained. The court's charge indicated that the jury need not find any income actually obtained if it found instead that income was anticipated.
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