The Michigan Daily-Thursday, Novembe er 15, l979-Page 9 e5 \ EVERYTHING YOU NEVER EXPECTED FROM AN APPLIANCE STORE. 3 DAYS ONLY. THURS., FRI. & SAT. \15Great Prices T c Diggs ...will appeal again 'D S conviction upheld by 2-1 ruling (Continued from Page 1) 'troubled congressman defrauded the government of nearly $103,000. He in- flated the salaries of three staff mem- b ers so they could kick back part of the ,money, which went to pay his House expenses and personal bills. The jury also found that Diggs placed ,.two persons on the government payroll _who did little or no work for the House his personal accountant and a ,pookkeeper at his Detroit funeral home. -HIS LAWYERS had asked the ap- peals court to overturn the conviction off grounds it is not specifically illegal for a congressperson to accept kick- acks from his or hgr staff. But the court said, "The defendant's argument > erroneously equates a congressman's discretion to define the duties of an employee with the unfet- tered power to divert monies intended for one purpose to another, completely inauthorized purpose. ' "His conduct amounted to no less than a scheme to take illicit kickbacks from his employees in the form of jayments of his personal or congressional expenses," said Judge ,Wilkey, writing for the majority. DIGGS, IN a statement issued by his office, said, "Because the three-judge panel of the court of appeals was divided, we will ask the full U.S. court of appeals to consider the case and reverse the conviction. "In the meantime, I will continue to serve my constituents. I will pursue all legal remedies available to me and no conviction is final until all remedies have been exhausted.' In a dissenting opinion, Circuit Judge 1ffarold Leventhal said Diggs should have been given a new trial, because the government failed to differentiate between kickbacks for personal expen- ies and those for his official House ex- 1enses. LEVENTIJAL SAID the law was un- clear on whether "clerk hire" funds uOed to pay House employee salaries could be used for office expenses as well. "The jury should have been allowed to separately consider whether or not Diggs acted with fraudulent intent in using the clerk hire funds for congressional expenses," said Leven- thal. THE IIOUSE censured Diggs for his financial misconduct in July, but only charged him with misuse of funds for his personal expense. Diggs was convicted of 11 counts of mail fraud for mailing out fraudulent paychecks. The other 18 counts accused him of making false statements to the House. 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