US appeals court overturns first 'Varsity Blues' scandal convictions

In Wednesday's 154-page decision, Circuit Judge Sandra Lynch said Aziz's and Wilson's mail and wire fraud convictions must be thrown out because the trial judge erred in instructing jurors that admissions slots constituted property. She also said prosecutors failed to prove that Aziz and Wilson agreed to join Singer's broader conspiracy, despite introducing significant evidence about other parents' wrongdoing.

A U.S. federal appeals court on Wednesday threw out the fraud convictions of two wealthy fathers charged with participating in a vast college admissions conspiracy to pay bribes so children could attend top universities. In a 3-0 decision, the 1st U.S. Circuit Court of Appeals in Boston ruled in favor of private equity executive John Wilson and former casino executive Gamal Aziz, the first defendants tried among dozens charged in the "Operation Varsity Blues" probe.

All of Aziz's convictions and all but one of Wilson's convictions were set aside. Wilson's conviction for filing a false tax return was upheld. The office of U.S. Attorney Rachael Rollins, which prosecuted the defendants, had no immediate comment.

Aziz's lawyer Joshua Sharp said his client "has maintained his absolute innocence from day one and is enormously grateful that the appeals court has reversed his unfair conviction." Wilson's lawyers had no immediate comment. Operation Varsity Blues exposed inequalities in higher education and resulted in more than 50 guilty pleas, including by actors Lori Loughlin and Felicity Huffman.

Parents were accused of conspiring with the scheme's mastermind, California admissions consultant William "Rick" Singer, to win college admission for their children through bribery, rigging entrance exams and fabricating athletic skills. 'UNACCEPTABLE RISK' OF TAINTED CONVICTIONS

Prosecutors said Wilson, the founder of Hyannis Port Capital, paid $220,000 in 2014 to enable his son's admission to the University of Southern California as a water polo recruit. Wilson was also accused of paying $1 million in 2018 to win spots for his twin daughters at Harvard University and Stanford University as sailing recruits.

Aziz, a former Wynn Resorts Ltd executive also known as Gamal Abdelaziz, was accused of paying $300,000 to secure his daughter's admission to USC as a basketball recruit. In Wednesday's 154-page decision, Circuit Judge Sandra Lynch said Aziz's and Wilson's mail and wire fraud convictions must be thrown out because the trial judge erred in instructing jurors that admissions slots constituted property.

She also said prosecutors failed to prove that Aziz and Wilson agreed to join Singer's broader conspiracy, despite introducing significant evidence about other parents' wrongdoing. This, she said, created an "unacceptable risk" that Aziz and Wilson were convicted based on conduct other than their own.

"Nothing in this opinion should be taken as approval of the defendants' conduct in seeking college admission for their children," Lynch nonetheless said. TWO OTHER TRIALS

Wilson and Aziz were convicted in October 2021, and sentenced four months later to a respective 15 months and 12 months in prison. Singer was sentenced in January to 3-1/2 years in prison, after becoming a government informant and pleading guilty to several charges.

Two other cases in the probe went to trial. Former USC water polo coach Jovan Vavic was convicted of fraud and conspiracy in April 2022, but won a new trial after a prosecutor misstated the law during closing arguments. Another parent was found not guilty in a third trial.